one Pvt Ltd. company Registered in Nov-2011, but there were no any Transaction/Turnover upto 31/03/2012, so is there need for any Annual Return filing with ROC for the F.Y 2011-12
17 October 2012
Dear Sir kindly specify the details of Annual Return to be filed with ROC, is there any time ceiling for filing, and what about late submission
The time limit is for filing Annual Return is 60 days from the date of AGM and after that you will pay additional fee as per schedule X of the Companies Act, 1956.
New e-Form 20B has been prescribed under the Rules and now every company having a share capital shall file the annual return with the Registrar together with the e-Form 20B under the provisions of section 159 of the Companies Act, 1956. The following important decisions given by the courts are relevant in the matter of filing of annual return:— (i) Failure to hold an annual general meeting is not a defence for non-filing of annual return. [Registrar of Companies v Utkal Distributors Pvt. Ltd. (1978) 48 Comp Cas 106 (Ori)]. (ii) Even a defunct company must file statutory return till its name is struck off from the register of companies, by the Registrar. [Sukhbir Saran Bhatnagar v Registrar of Companies (1972) 42 Comp Cas 408 (Del)]. (iii) The fact that the company is not functioning and there is no change in the return filed in earlier year is no excuse for failure to comply with the requirement of section 159
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