ROC OFFICES THROUGHOUT INDIA ARE FORWARDING THE FOLLOWING LETTER TO ALL THE COMPANIIES DETAILING CONSEQUENDES OF NON-FILING OF ANNUAL ACCOUNTS AND ANNUAL RETURNS FOR THE YEAR 2017-2018;

ROC OFFICES THROUGHOUT INDIA ARE FORWARDING THE FOLLOWING LETTER TO ALL THE COMPANIIES DETAILING CONSEQUENDES OF NON-FILING OF ANNUAL ACCOUNTS AND ANNUAL RETURNS FOR THE YEAR 2017-2018;

CONSEQUENCE OF NON-FILING OF ANNUAL ACCOUNTS UNDER SECTION 137(1) OF THE COMPANIES ACT,2013.

As you are aware, under S.137(1) of the Companies Act, 2013(Act), a copy of the financial statements, including consolidated financial statement if any duly adopted at the annual general meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general meeting. Under S.137(3) of the Act, if a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified therein, the company shall be 

liable to a penalty of one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees, and the Managing Director and the Chief Financial Officer of the company, if any, and, in the absence of the Managing Director and the Chief Financial Officer, any other Director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such Director, all the Directors of the company, shall be liable to a penalty of one lakh rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.

CONSEQUENCE OF NON-FILING OF ANNUAL RETURN UNDER S.92(4) OF THE COMPANIES ACT, 2013

Further, under S.92 (4) of the Act, every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed.

PENALTY OF RS 5 LACS FOR NON-FILING OF ANNUAL RETURN

Under S.92(5) of the Act, if any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of five lakh rupees.

5.     You might be also aware that the last date for filing the above documents for the financial year 17-18 was extended till 31st December 2018 and additional fee @INR 100 per day becomes payable on the expiry of original due date. However, it has been observed that your company has not filed the Annual Financial Statement or Annual Return for the FY 17-18 so far and violated the relevant provisions of the Act. 

You are requested to file your returns immediately lest prosecution proceedings be initiated against your company and the officers in default

6.     In this regard, necessary compliance may be immediately completed in accordance with the provisions of the Companies Act.