29 January 2010
ABC Private Limited has not filed the Annual Filing Forms from 2004-05.
Due to some problem, the company could not do the filing for 2004-05 and 2005-06.
Now, the company wishes to complete at least for three years from 2006-07 to 2008-09 leaving the two years (2004-05 & 2005-06).
As a test check, I have verified uploading the Form 23AC for 2008-09 and the system is not prohibiting the filing of Form 23AC for 2008-09.
Kindly advise whether I shall do the filing for problem free years (leaving the prior two years and at a later date, I shall do it).
Please confirm whether I can go ahead.
If it is a violation, please substantiate with the relevant provisions of companies act, as it can be useful to exhibit to the concerned persons not to go in a jumbled manner.
29 January 2010
There is definitely a non-compliance by not regularising your annual filings.
However, if due to strategic reasons you are not filing the annual accounts for 2004-05 & 2005-06 and are going ahead with filing for subsequent years, you would be permitted by the system to do so.
By filing the annual accounts for 2006-07, 2007-08, you are definitely inviting the attention of the ROC. The ROC may at any future point of time, issue notice to the company for non-compliance of 2004-05 & 2005-06.
30 January 2010
See its against rules ... but u can do it ..... there is not much gr8 prob towards generally ROC doesnt take care u can take the chances and proceed
CAclubindia
