Filing of Annual returns for new companies for ROC & IT

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Querist : Anonymous

Querist : Anonymous (Querist)

28 January 2011 We have incorporated a pvt ltd company during Dec 2009. During 2009-10, there is no transactions. During 2010-11, we have commissioned our industry and coming into production. In this stage, we have to get clarification from experts when we have to file returns both for ROC and Income Tax.

udit sharma

udit sharma (Expert)
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28 January 2011 The Company in question was incorporated in Dec.2009. As per the provisions of section 166 of the Companies Act, 1956, first AGM of the Company is to be held within 18 months from the date of incorporation. Hence, due date of first AGM: 30 June, 2011.

In case the first financial year of the Company is Dec.2009 to 31/03/2010, first AGM of the Company to be held on or before 30/09/2010. In this case Form 23AC & 23ACA pursuant to the provisions of section 220 of the Companies Act, 1956 to be filed on or before 30/10/2010 and Form 20B pursuant to the provisions of section 159 of the Companies Act, 1956 to be filed on or before 30/11/2010.

In case the financial year of the company is dec.2009-dec.2010, the first AGM of the company to be held before 30/06/2011. Annual Accounts in Form 23AC & 23ACA to be filed on or before 30/07/2010 and Annual Return Form 20B pursuant to the provisions of section 159 of the Companies Act, 1956 to be filed on or before 30/08/2011.

God Bless

CS Udit Sharma

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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28 January 2011 The date in second para may be read as 30/07/2011 instead of 30/07/2010.

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udit sharma

udit sharma (Expert)
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28 January 2011 Agreed with Warrier Sir, typing mistake on my part.

Querist : Anonymous

Querist : Anonymous (Querist)

28 January 2011 Sir,
I am informed that the Ist AGM will be conducted within 18 months or before the end of the next financial year. The end of next financial year is 31/12/2010. Hence I want to know sir whether conducting the Ist AGM on 30-06-11 closing the accounts from dec 2009 to dec 2010 is correct.

Querist : Anonymous

Querist : Anonymous (Querist)

28 January 2011 Sir I want to know why we have to finalise our first year accounts from dec 09 to dec 10. why we have to postpone the same from Dec 09 to Mar 10. and to conduct AGM in June 2011.