• Kandivali West Mumbai 400067, India
  • 022 39167251
  • support@email.com
November 21, 2020

Know all Due Dates of ROC Annual Returns for Companies

by shivam jaiswal in MCA Circular

Know all Due Dates of ROC Annual Returns for Companies

Adhering to the compliance proposed by the Indian government is mandatory for entities in India. The Ministry of Corporate Affairs (MCA) is primarily concerned with administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008 & other allied Acts and rules & regulations framed there-under mainly for regulating the functioning of the corporate sector in accordance with law. The MCA has a number of compliances that are to be mandatorily fallowed by entities.

Non-compliance with these rules and regulation may result in imposing of heavy penalties by the government for the entities in India. MCA compliances have been difficult especially in the COVID period where importance for foremost given to human health and safety. On such compliance is the filing of annual returns of an entity. Let us learn more about the compliance requirements of filing of annual returns with the MCA in this article.

What is the due date of filing Annual Return with the ROC?

  • The Annual Return gives a synoptic view of the organizational structure, functions and activities of the entity undertaken during the previous financial year. All companies (private limited company, one-person company, limited company, section 8 company, etc) are required to file an annual return with the MCA every year.
  • Every company shall file with the ROC a copy of the annual return, within 60 days from the date on which the annual general meeting is held.
  • If no annual general meeting is held in any year, then the said return has to be filed within 60 days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed
  • The due date of holding the AGM has been extended till 31st December, 2020 for FY 2019-20.

What is the due date of filing Annual Accounts with the ROC?

  • A copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company, have to be filed with the ROC within 30 days of the date of annual general meeting in such manner, with such fees or additional fees as may be prescribed
  • If the financial statements are not adopted at annual general meeting or adjourned annual general meeting, such unadopted financial statements along with the required documents shall be filed with the ROC within 30 days of the date of annual general meeting.
  • The ROC shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose.
  • A One Person Company shall file a copy of the financial statements duly adopted by its member, along with all the documents which are required to be attached to such financial statements, within one 180 days from the closure of the financial year
  • The due date of holding the AGM has been extended till 31st December, 2020 for FY 2019-20.

What is the due date of filing Return pertaining to Appointment of Auditor with the ROC?

  • Provisions of appointment of an auditor is covered under Section 139 of the Companies Act, 2013.
  • When a company appoints an auditor, it is under obligation to acknowledge the registrar of companies (ROC) about the appointment of auditor in a prescribed manner.
  • Form ADT- 1 is used by a company to intimate the registrar of companies about the appointment of an auditor after the completion of its annual general meeting (AGM).
  • Section 139(1) of the new Companies Act 2013 mandates this and this form has to be filed every year after the AGM in which the auditor was appointed.
  • Form ADT-1 must be filed with the registrar of companies within 15 days from the date of appointment of the Auditor.
  • Following is the list of documents which needs to be attached with Form ADT-1:
  • Company’s Board resolution copy/resolution passed in annual general meeting
  • Written consent from the Auditor regarding the appointment
  • A certificate from the Auditor that he/she/it is not disqualified or ineligible to be appointed as an Auditor u/s 141
  • Copy of the intimation given by the company to the auditor

What is the due date of filing of Cost Audit Report with the Central Government?

  • Central government may direct to conduct cost audit in respect of companies engaged in the production of such goods or providing such services and have a net worth or turnover as may be prescribed.
  • Every cost auditor appointed shall submit the cost audit report to company within 180 from the closure of the financial year in form CRA-3.
  • Further, company shall submit that cost audit report to the Central Government along with full information and explanation on every reservation or qualification marked by auditor within 30 days from the date of receipt of cost audit report in form CRA-4.

Filing of MGT 14 with the MCA (i.e the List of Resolutions and Agreements)

  • Meetings of the Board of Directors/Shareholders/Creditors are held, and resolutions are passed at the said meetings.
  • The resolutions have to be filed with the ROC by the company or liquidator as the case may be. Such resolutions are filed in form MGT-14.
  • As per Section 117(1), the company shall file the resolutions and agreements in form MGT-14 within 30 days from the resolution being passed or agreement being entered into.

Half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise

  • A half-yearly return is required to be submitted to the Ministry of Corporate Affairs on a mandatory basis, by all those companies who receive the supply of goods or services from Micro or small enterprises and the payment done to these micro and small enterprise suppliers exceed 45 days from the date of acceptance (or deemed acceptance) of the relevant good or services.
  • The following points should be stated in it:
  • the amount of payment due and
  • the reasons for the delay
  • Form MSME I (half-yearly return) has to be filed within 30 days from the end of each half-year in respect of outstanding payments to Micro or Small Enterprise

Summary of the above returns can be found below:

FormParticularsDue Date for FY 2019-20
ADT-1Appointment of AuditorWithin 15 days from the conclusion of AGM
AOC-4Filing of Annual AccountsWithin30 days from the conclusion of the AGM (In case of OPC within 180 days from the close of the financial year)
MGT-7Filing of Annual ReturnWithin60 days from the conclusion of AGM
CRA-4Filing of Cost Audit ReportWithin 30 days from the receipt of Cost Audit Report
MGT-14Filing of resolutions with MCA regarding Board Report and Annual AccountsWithin 30 days from the date of Board Meeting.
MSME Form 1Half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise.Within a month for each half of the year

Enter your email address:

Subscribe to faceless complainces