15 January 2012
I have made mistakes in filing the two annual return forms and these have approved status. I am not able to file these again as the prescrutiny error says these are already filed. Please guide
15 January 2012
http://www.mca.gov.in/MCA21/dca/annualfiling/faq_annualfiling1.html
Please check the answer to question no 6 from above link of MCA website. It says....
6. Can we do revised filing of already filed Annual filing eForm? Yes, revised filing of Annual filing eForm can be done in respect of the Forms already filed but the fees for subsequent revised filing shall be charged, assuming it as a new filing.
Have never revised form 23AC AND 23ACA. So no practical idea. But according to above reply i think it can be revised.
15 January 2012
Dear Sanjay ji Only 20B can be revised and not 23ac and 23ACA
Here is link on mca which says so
6. Can we do revised filing of already filed Annual filing eForm? Yes, revised filing of all Annual filing eForms except Form 23AC/ACA can be done in respect of the Forms already filed but the fees for subsequent revised filing shall be charged, assuming it as a new filing.
15 January 2012
Charu Ji another confusion. Both Links, given by you and me are from MCA. In the one given by you it says---
6. Can we do revised filing of already filed Annual filing eForm? Yes, revised filing of all Annual filing eForms except Form 23AC/ACA can be done in respect of the Forms already filed but the fees for subsequent revised filing shall be charged, assuming it as a new filing.
And in the one given by me it does not specify form 23AC and 23ACA.
Has there been any change?
The link given by you seems to be old. As it says---
Form 66 : For filing Compliance Certificate by Companies having paid up capital of Rs. 10 lakh - Rs. 2 crore
Where as in the link given by me it says---
Form 66 : For filing Compliance Certificate by Companies having paid up capital of Rs. 10 lakh - Rs. 5 crore.
16 January 2012
According to me you can file revised Form 20 but not 23AC and 23ACA because if you will upload the same 23AC and 23ACA, the system will not accept the form saying these are already file... This is not in case of 20B. Will revert you if i found someting contrary to this.
16 January 2012
Now once filing is done..it cannot be rectified, The concept of resubmission of AC and 23ACA has been done away with the inclusion of STP.Now the Ministry the form is filed after affixing the digital signature of the professional and director or managing Director or Secretary. So one must exercise due diligence before uploading the same. The professional shall be held liable.
16 January 2012
Now once filing is done..it cannot be rectified, The concept of resubmission of AC and 23ACA has been done away with the inclusion of STP.Now the Ministry the form is filed after affixing the digital signature of the professional and director or managing Director or Secretary. So one must exercise due diligence before uploading the same. The professional shall be held liable.
16 January 2012
So Charu ji whether or not same due diligence concept shall apply to other forms as well. A human error is possible. So should not there be a provision for revising these forms as well may be with some specific conditions. Whats your take?
16 January 2012
Dear Sanjay ji.. I agree with you but this is rule.. I am giving u extracts of FAQ of forms which once filed cannot be rectified.
10. Wrong particulars in eForms – ensure accuracy while filling following values in the corresponding eForm:
Form 1A
* Amount of authorized capital ( eg.10 Lacs instead of 1 Lac) * Company type, should be either Private or Public * State under the jurisdiction of same RoC (eg. Jharkhand instead of Bihar) * Common reasons for rejection of a Company Name
Form1
* Company type (e.g. “Part IX Company” or “Producer Company” in place of “New Company” or vice-versa) * Company category / sub-category (e.g. “SGC” or “GOI”).
Form 8
* Date of charge creation / modification * Original / Final amount while creation / modification of charge
Form 23
* Type of resolution (Board / Shareholders / Ordinary / Special resolution type) selection differs from the attachment
Form 5
* Wrong amount of revised capital * Simultaneous filing of multiple eForm 5 for a company before approval of erstwhile form 5 filed. Wait for first eForm’s approval before proceeding with next eForm 5.
Please check the particulars filled in the eform before filing. Once an eform is approved, any wrong information given in the eform cannot be rectified.
16 January 2012
Repeated filing is restricted through General circular 5/2010 dated 22/11/2010. The rational behind is ,ROC can't prima facie know in a repeated filing that whether it is due to clerical error or revision of adopted accounts.
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