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Ankit sehra (Querist)
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13 May 2013 Dear Experts......

While applying for Form-23 i received following reply from MCA..

"Company was incorporated in the year 2009 , no annual return and balance sheet was filed by the company after incorporation and company has not scanned copies of short notice and complete set of amended moa and aoa, . Form should be resubmitted by 12/06/2013 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)"

Pls suggest the solution..

Vishal Dang

Vishal Dang (Expert)
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13 May 2013 Dear Ankit,

You will have to file the pending documents and Balance Sheet and Annual return.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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13 May 2013 If the staus of the company is not 'dormant', defaulting companies can e-file form 23. Please refer general circular no.63/2011 dated 06/09/2011. If it is so, you can resumbit e-form 23 by 12/06/2013. Please attach the notice of the meeting, full set of amended MOA and AOA with the said e-form.

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Ankit sehra

Ankit sehra (Querist)
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14 May 2013 Thanks for your reply...

The company since its incorporation had no work and nil income and neither filed the income tax return and nor had the statutory audit.

My quarry is

Do the annual return need to be filed had to be audited before filing the annual returns since 2009.

Thanks in advance

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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15 May 2013 Accounts for each year has to be necessarily audited. Then annual filing forms may be e-filed for each year in seriatim.

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Ankit sehra

Ankit sehra (Querist)
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15 May 2013 Thanks for your reply Mr. Warrier,

PLease let me know sir, the penalty of late filing of annual return has to be paid mandatorily or it can be waived?

As the amount of penalty is huge for 5 yrs non -filing of annual returns.

Thanks in Advance

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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15 May 2013 Delay in annual filing leads to payment of 'additional fee' over and above the 'normal fee'. Additional fee, as per section 611(2), ranges from two to nine times of the normal fee which has to be paid at the time of filing itself. There is no provision to waive the additional fee.

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Ankit sehra

Ankit sehra (Querist)
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15 May 2013 Dear Warrier thanks for your reply sir,

You are further kindly requested to provide me the form numbers need to be filed in case authorised capital is Rs 10,00,000/-

Thanks in advance....

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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15 May 2013 Form 23B
Form 20B
Form 23AC
Form 23ACA
Form 66

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