All private limited companies incorporated under the companies act 1956 or companies act 2013 are required to compulsorily file their annual return of income and financial statement with Registrar of Companies (ROC) and tax department every year on or before the due date to avoid penalty.
If the books of account required to be audited under section 44AB of income tax act, then in addition to its return of income, audit report in form 3CA and statement of particulars in form 3CD has to be uploaded online with tax department on or before the due date fixed by the government of India.
ROC filing for a private limited company
Private Limited Companies must have been registered with their respective state Registrar of Companies based on their principal place of business.
These private limited companies are required to file their annual return and financial statements online with the state ROC where they are registered.
According to Companies Act 2013, a private limited company is required to get its accounts audited from a chartered accountant in practice irrespective of their annual turnover.
After audit, private limited companies are required to file their financial statements along with audit report with the ministry of corporate affairs (i.e. state ROC) within 30 days from the end of the annual general meeting.
Last date of conducting annual general meeting is 30th September of the following financial year. If you have considered 30th September as annual general meeting date, then within 30 days from 30th September, you need to file your profit and loss account, balance sheet, notes to accounts and audit report with state ROC in Form AOC-4.
In addition to form AOC-4, private limited companies are also required to file an annual return in form MGT-7/MGT-7A, as applicable within 60 days from the end of the annual general meeting with the state ROC.
Considering our above example, last date for filing MGT-7/MGT-7A will be 60 days from 30th September i.e. 29th November.
| Particulars of documents | Form | Last Date for filing | Due date for Financial Year 2021-2022 |
| Balance Sheet and Profit and Loss Statements | AOC-4 | Within 30 days from the date of AGM | 30th October 2022 |
| Cash Flow Statements, if applicable | AOC-1 | Within 30 days from the date of AGM | 30th October 2022 |
| Annual Return | MGT-7/MGT-7A | Within 60 days from the date of AGM | 29th November 2022 |
Consequences for not filing annual return with ROC
If a private limited company does not file its annual return timely, then that company has to pay additional fee of Rs. 100 per day per form for filing annual return after the due date.
Remember, due dates can be extended by the government. If such due dates are extended, then the extended dates will be considered as due date and all other provisions including additional fee calculation will be applicable according to the new extended due dates.
In case the company does not file its annual return for a period of 2 financial year and has not made any application within such period for obtaining the status of a dormant company, then registrar may issue notice to the company for striking off of the company from its registrar.
Directors of the company will also be penalized for non-filing of annual return. As per law, if the company does not file its annual return for a continuous period of 3 financial year, then directors of such company shall become disqualified for a continuous period per 5 years. These disqualified directors will not be eligible to be appointed or reappointed as directors in other company.
Income Tax filing due dates for a private Limited Company
According to Section 139 of Income tax act 1961, a private limited company is required to file its return of income on or before 30th October each year in Income tax form ITR-6. However, if transfer pricing provisions are applicable then due date for income tax filing will be considered as 30th November instead of 30th October.
For the financial year 2021-22, the due date of filing income tax return in ITR-6 is 30th October 2022. If this due date has been extended by CBDT, then the extended due date will be considered as actual due date of filing instead of 30th October 2022.
Also Read: Income Tax Return filing due dates – For Individuals
In cases where tax audit under section 44AB is applicable, the company is required to file tax audit report in 3CA and statement of particulars in form 3CD along with return of income.
If a private limited company fails to file its return of income, then in addition to other applicable sections, interest as per section 234A will be charged at the rate of 1% per month or part of the month on the outstanding tax liability.
From assessment year 2018-19, these companies are also liable to pay late fee for delay in filing return of income.
A further penalty can be levied by the assessing officer under section 271F up to an amount of Rs 5,000 for non filing of returns.
