Required your professional advice and guidance/opinion on the below query. Please suggest.
A Private Limited Company incorporated in February 2014 and since there was no business operations hence filed for dormant status and Filed Form MSC 1 and received a certificate of Dormant (Form MSC 2) on 3rd July 2018. As per section 455 of CA 2013 and its requirements, Company filed Form MSC 3 for 31st March 2018,31st March 2019 and 31st March 2020. In August 2021, The Company filed Form MSC 4 for active status and the forms got approved by the ROC . Meanwhile all this time from 2014 till date the Company status was Active and it never got changed to Dormant status.
Now if the company goes for Filing Form INC 22A Active , it shows the below error
"In case AR is not filed for financial year 17-18 filling shall not be allowed for the companies which are not marked for management dispute?"
The Company had filed Form MSC 3 for three years for 2018,2019 and 2020 but still it showing the above error.
The Company want to appoint the Auditor and do the Annual Filings for FY 2020-21 Hence will it create any problem for the same ?
Request you to please provide your inputs and professional advice on this.
07 July 2024
It seems like there might be some confusion regarding the compliance status and the filing requirements for your company. Here’s a breakdown of the situation and some steps you might consider:
1. **Dormant Status and Active Status**: Your company was incorporated in February 2014 and obtained dormant status through Form MSC 1 and MSC 2 in July 2018. Dormant status under Section 455 of the Companies Act, 2013, means the company is not actively carrying on business or operations.
2. **Annual Filing Compliance**: While dormant, the company filed Form MSC 3 for the financial years ending 31st March 2018, 2019, and 2020, as required to maintain dormant status.
3. **Transition to Active Status**: In August 2021, the company transitioned back to active status by filing Form MSC 4. This was approved by the ROC.
4. **Error in Filing Form INC 22A**: Now, when attempting to file Form INC 22A (Active Company Tagging Identities and Verification), an error is encountered related to non-filing of Annual Returns (AR) for FY 2017-18, even though you have filed Form MSC 3 for subsequent years.
**Resolution and Next Steps**: - **Check AR Filing for FY 2017-18**: Ensure that the Annual Returns (AR) for FY 2017-18 were filed correctly. The error suggests that there might be a discrepancy or non-filing for that specific year. Check the ROC records or your filings to confirm this.
- **Resolution of AR Non-filing Issue**: If there was indeed a non-filing or an issue with AR for FY 2017-18, you may need to rectify this by filing the overdue AR if possible. Contact your ROC or a professional advisor to understand the exact nature of the issue and how to rectify it.
- **Impact on Current Filings**: The error in Form INC 22A could potentially affect the appointment of auditors and the filing of annual returns for FY 2020-21. It’s crucial to resolve the AR non-filing issue promptly to proceed with these filings without further complications.
- **Professional Assistance**: Considering the complexity and potential legal implications, seeking advice from a professional chartered accountant or company secretary who specializes in corporate compliance and ROC matters would be advisable. They can review your filings, communicate with the ROC if necessary, and guide you through the corrective actions needed.
In summary, resolving the non-filing issue for FY 2017-18 Annual Returns is key to moving forward with Form INC 22A and subsequent annual filings. Addressing this promptly will help ensure compliance and avoid any delays or penalties in your company’s operations and reporting obligations.
CAclubindia
