Filing of rturn form 32

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2012 if company secretary appointed on ist of june 2012 and return not filed in 30 days can it be filed on 15th of sept 2012 .
query i ) will mca 21 accept the filing of the return or reject it.
2) will mca 21 ask for filing of late fee
3)will payment of late feee end the matter there and there.
in short is back date appointment and delayed fiking of return possible.

Ajay Mishra

Ajay Mishra (Expert)
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18 September 2012 Hi

Yes, you can file Form-32 with ROC after 30 days with additional payment and ROC will not reject.If the Form is complete in all respect then they will not demand anything.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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19 September 2012 Yes you can file delayed form 32 along with additional fee. If the form is complete and without having any error ROC will approve it as other forms. No issues.

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Querist : Anonymous

Querist : Anonymous (Querist)

20 September 2012 thanks for your views
i do not entirely agree with u as this facilates the appointment of the cs from back date when he actually was not in employment and is not the best practice
so why will the roc not object

Ajay Mishra

Ajay Mishra (Expert)
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20 September 2012 Hi

The Appointment of CS is 01.06.2012.

The Filing of Form-32 with ROC with additional fee is on 15.09.2012.

The appointment date is not back date, however, the filing with ROC is not in time.

The appointment of CS is done in Board as on 01.06.2012 and filing of Form-32 is an intimation of appointment of CS for updating the MCA in this regard.

Querist : Anonymous

Querist : Anonymous (Querist)

20 September 2012 apparently everything is all right but since there was actually no company secretary and appointmnent and filing is back date so minutes and records everything will be made afterwards and also filing is delaye now even if we ignore the best practices etc how should one procedd to avoid any future problems

Ajay Mishra

Ajay Mishra (Expert)
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20 September 2012 I also appreciate for a good corporate practice.