05 July 2014
A private company having share capital 100000 has been incorporated on 07/10/2011. But till now not a single annual return has been filed to ROC. Income tax return has been filed for FY ending 31/03/2012 & 31/03/2013. The annual return filing to ROC was due on 30/10/2012 & 30/10/2013 for FY 2011-12 & 2012-13 respectively. So suggest me whether annual return for the same can be filed to ROC or not. If it is possible which form shall be uploaded for auditor appointment i.e. Form 23B as per previous company act 1956 or Form ADT-1 as per new company act 2013.Please suggest me as soon as possible.
05 July 2014
I think you should close previous annual filing this year only. For this annual filing is allowed in accordance with Companies Act, 1956 and you can file annual return and balance sheets in old ROC forms. Next year the work will be double due to much more disclosure requirements.
You can clear your annual filing with back date documents and through filing e-forms with late fees. Form 23B has been discontinued now and no new form prescribed till date.
05 July 2014
please tell me how shall we appoint auditor? Form ADT-1 is available in pdf form and it is also said that it will be used as attachment.But in which form shall we attach this form ADT-1?
05 July 2014
Form ADT.1 is required to be attached in form GLN.2.
There are certain forms and formats like ADT.1 in Companies Act 2013 and through General Circular No. 09/2014 MCA has prescribed the E-forms with which these formats is required to be attached. So kindly go through General Circular No. 09/2014 issued by MCA.
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