We have incorporate a pvt ltd . co. as on 4th feb 2009. Now what period will be written in period colum of 23ac and 23aca
From 04.02.2009 to 31.03.2009 or 01.04.2008 to 31.03.2009
for the financial account related
Pawan Singhal (chartered accountant) (655 Points)
08 October 2009We have incorporate a pvt ltd . co. as on 4th feb 2009. Now what period will be written in period colum of 23ac and 23aca
From 04.02.2009 to 31.03.2009 or 01.04.2008 to 31.03.2009
for the financial account related
Your financial account period is 1/4/2008 to 31/3/2009 to be written in the Form 23AC and 23ACA.
Because this is the period for which you have made Accounts, and continue this period later on.
I mean the next year You will mention 1/4/2009 to 31/3/2010
As Company Is newly incorporated, company doesn't have the transaction in the Past months(Before February).
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If you need further clarification than contact me
Ankur Shah (Practicing Company Secretary)
“Guru Gautam” Bungalow, Inside Parshwa Tower,
Nr. Shyamal Cross Road, 132ft. Ring Road,
Satellite, Ahmedabad – 15
Contact: + 91-9427633901
E-mail: ankurjewel @ gmail.com
Blog: csankur.blogspot.com
Punit Tibrewal
(student )
(1684 Points)
Replied 09 October 2009
04.02.09 to 31.03.09 is your previous year for income tax matters.!
for ROC ur accounting period is full year
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 09 October 2009
Dear Pawan
Its totaly depend on your first meeting minutes of the Board when they have approved the first financial year and subsequent financial year. If the have approved that the first financial year will start from the date of incorporation and ending on March 31, 2009 then you can fill date as from 04.02.2009 to 31.03.2009.
Regards
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 10 October 2009
Hi,
Kindly appreciate:
First decide what is your financial year—Your first financial year would be from 04.02.2009 to 31.03.2010 i.e. a period of 13 months and 25 days.
As per my understanding you don’t have to file Annual Accounts in the year 2009. Your Annual Filing due in 2010. No need to hold AGM in 2009 at all. However you may do so.
Applicability of Section-166 read with section-210 suggest in your case
As per Section-166 last date for holding your AGM would be August 03, 2010 i.e. 18 months from the date of incorporation of the company.
As per section-210 Balance Sheet & Profit and Loss A/c shall lay before the members in case of first AGM with in 9 months from the end of financial year i.e. last date for holding your AGM as per section-210 would be December 31, 2010.
Conclusion as per the rule of Harmonious construction
As per my opinion your first financial year is ending on March 31, 2010 and as per section-210 you may hold your first AGM up to December 31, 2010. But here if you follow section-210 blindly without application of section-166 then there would be violation of section-166 regarding First AGM in 18 months provision.
Final Answer—In your case last date for holding first AGM would be August 03, 2010 which is in line with the provisions of both the sections.
DATE IN ANNUAL FILING FORMS:
1. If you are holding AGM in 2009 then:
In current year column of 23AC ==31.03.2009
In previous year column of 23AC write date== left blank
In current year column of 23ACA== 04.02.2009 to 31.03.2009
In previous year column of 23ACA write date == left blank
2. If you are holding AGM in 2010 then:
In current year column of 23AC ==31.03.2010
In previous year column of 23AC write date== 04.02.2009
In current year column of 23ACA== 04.02.2009 to 31.03.2010
In previous year column of 23ACA write date == 03.02.2009
Best Regards
Vishal Dang
((Company Secretaries))
(93 Points)
Replied 10 October 2009
Hi
I agree with ankur, if in Board meeting the company had decided its first financial year from the date of incorporation to 31st March 2009 than in form you will have to mention the current financial year from 04.02.2009 to 31.03.2009.
Regards
Vishal
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 13 October 2009
Thanks Vishal and Pawan.
Pawan Singhal
(chartered accountant)
(655 Points)
Replied 14 October 2009
Dear Ankur,
What should be written in form 23ac and form 23aca due date of agm in our co. case. whether 03-10-2009 or 30-09-2009.
if we written as 30.09.2009. whether it will be wrong.
Pavan Jain S
(Chartered Accountant)
(1575 Points)
Replied 15 October 2009
If you consider the period of 04.02.2009 to 31.3.2009 as your financial year, then the due date shall be 31.12.2009 since it is first AGM and provision of section 210 shall apply
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