20 October 2013
I have one client, which is incorporated on 1 October 2009. he has not started his business till date and not filed any return or roc related matter till date. Now he wants to file income tax return and other ROC matter. For appointment of auditor, Resolution and intimation copy required for filing of Form 23B. Whether he can held AGM in September 2013 or current date and appoint auditor for 201-12 and 2012-13.
22 October 2013
But as per Act,If default is made in holding a meeting of the company in accordance with section 166, or in complying with any directions of the Central Government under sub- section (1) of section 167, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees and in the case of a continuing default, with a further fine which may extend to two hundred and fifty rupees for every day after the first during which such default continues.
22 October 2013
dear i said about additional fee with reference to delayed filing . . you need to back date the documents with out contravening the law..which means you have forgot to efile but agm was conducted on time .
please take the help of CS/CA and complete your secreterial work
26 October 2013
Prosecution and penalty for non-compliance Where the company has defaulted under section 156 and/or 210 of the Companies Act, 1956, that is, where they have not held the annual general meeting and/or have not placed the balance sheet and the profit and loss account before the annual general meeting, prosecutions are rarely launched. The fact that the complaint has to be filed in the court of first class Magistrate having territorial jurisdiction over the place at which the Registered office of the company is situated, which is at the place other than the Head Quarter of the Registrar need not prevent the Registrar from enforcing the penal provision in this regard. Section 168 contains penal provision for not complying with the provisions of section 166 or 167. It provides that if default is committed in holding the annual general meeting of the company, the company and every officer of the company who is in default shall be punishable with fine which may extend to Rs. 50,000 and if the default is continuing one then with further fine extending upto Rs. 2,500 for every day after the first day during which the default continues. However, if the books of accounts have been ceased by the police and produced in criminal court, the default is beyond the control of the company and should not be punished. Failure to hold the meeting in each calendar years is a separate offence different from failure to had it within 15 months of the earlier meeting. In State of Kerela v West Coast Planters Agencies (P) Ltd. (1958) 28 Comp Cas. 13 (Ker) (DB) it was held that where there was only a single member in a company then not holding the AGM would not amount to a default. In ROC v Krishna Nambiar (1958) Comp Cas 225, it was held that if there was any default in holding AGM the company immediately becomes punishable but for an officer of the company to be punished it is necessary to prove that he was knowingly responsible for the default.
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