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MCA Penalty, Addl. Fee due to Delay in Filing Doc.

Posted @ April 2, 2015, 7:18 pm under (Company Law (MCA))

1) If it is legal audit, please fill in the place of submission of the  audit report. (To whom the report need to be submitted, list out all relevant parties.)

 

Under the Companies Act, 2013,

 

the guiding law for companies mandates for every company to file their Balance Sheet and Profit and Loss Account along with the audit report within 30 days from Annual General meeting.

 

The company is also required to file annual return containing information such as the name of the company, its registered office, its principal business activities, capital in the company, details of all the directors and shareholders etc. as on the date of Annual General Meeting within 60 days from the date of Annual General Meeting.

 

Companies are required to hold their Annual General Meetings within a period of six months, from the date of closing of the financial year. The provisions of Sub-Section (1) of Section 96 of the Companies Act, 2013 clearly states that the period between two Annual General Meetings shall not be more than (15) fifteen months.

 

 

Due date of Tax Audit Report under Income Tax Act, 1961

 

 

A Company is also required get its accounts audited and obtain the audit report on or before the due date of filing of the return of income, i.e., In case of a taxpayer who is required to furnish a report in Form No. 3CEB under section 92​ in respect of any international transaction or specified domestic transaction, the due date of filing the return of income is 30th November of the relevant assessment year.

 

 

2) If it is legal audit, please fill in the deadline for the submission of Financial Year audit. (Deadline for 31.03.2014 audit).

 

·         Under Companies Act, 2013  - 31 Oct. 2014

·         Under Income Tax Act, 1961 – 30 Nov. 2014

 

3) If it is legal audit, and if you cannot submit the audit report by the deadline, please tell me the penalty which will be given.

 

Penalty for delay in filing of Audited Account s under the Companies Act, 2013 

 

Following table of additional fees shall be applicable for delays in filing of the forms with MCA.

Sl no

Period of delays

Forms including charge documents

01

upto 15 days (sections 93,139 and 157)

One time

02

More than 15 days and upto 30 days (Sections 93, 139 and 157) and upto 30 days in remaining forms.

2 times of normal filing fees

03

More than 30 days and upto 60 days

4 times of normal filing fees

04

More than 60 days and upto 90 days

6 times of normal filing fees

05

More than 90 days and upto 180 days

10 times of normal filing fees

06

More than 180 days and upto 270 days

12 times of normal filing fees

 

Please note further discretionary penalty can be imposed for Failure to file Annual Accounts with MCA upto Rs. 500 per day.

 

Penalty for not getting the accounts audited as required by section 44AB of the Income Tax Act, 1961.

 

​According to section 271B, if any person who is required to comply with section 44AB​ fails to get his accounts audited in respect of any year or years as required under section 44AB, the Assessing Officer may impose a penalty. The penalty shall be lower of the following amounts:

 

 (a) 0.5% of the total sales, turnover or gross receipts, as the case may be, in business, or of the gross receipts in profession, in such year or years.

(b) Rs. 1,50,000.

 


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