Due Date of Filing explained: this guide covers what Due Date of Filing means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Summary:
In this editorial, the author is going to discuss very relevant interrogations received from our professional colleagues through our WhatsApp groups “Gyan Gurukul” concerning “Due Dates” i.e.
“What is the Due date of filing of Annual Forms (AOC-4, MGT-7 & ADT-1) for the financial year ended 31.03.2020?”
There is confusion between corporates and professionals regarding the due dates of the Annual Form. As some people are having a view that it is 31.12.2020 as per the CFSS Scheme, some having a view that it is 31st January 2021, etc.
Provisions of Law:
As per section 137, the adopted financial statements of the Company are required to be filed with the ROC via e-form AOC-4 within 30 days of the AGM.
As per section 92, the Annual Return of the Company is required to be filed with the ROC via e-form MGT-7 within 60 days of the AGM.
As per section 139, the form for appointment of the auditor is required to be filed with the ROC via e-form ADT-1 within 15 days of the AGM.
Question of Editorial:
“What is the Due date of filing of the Annual Forms (AOC-4, MGT-7 & ADT-1) for the financial year ended 31.03.2020?”
Point 1: Due date of filing of annual forms is the related date of the Annual General Meeting of the Company.
Point 2: If AGM of the Company held on or after 1st December 2020, then there is no impact of CFSS on the due date of filing of the Annual Forms.
Point 3: If the AGM of the Company held any date on or before 30th November 2020, then the due date of filing of the annual forms shall be 31st December 2020 due to the CFSS Scheme.
Conclusion:
As per the above-mentioned provisions of Section 137, 92, 139, the company must calculate the due date of filing of e-form like AOC-4, MGT-7, ADT-1 depending upon the date of AGM of the Company
Except
If the AGM of the Company is held before 30th November 2020, then the Company has to take the benefit of the CFSS scheme and can file an e-form up to 31st December 2020 with additional compliance of the CFSS form.
Example:
| If the AGM is held on or before 30th November 2020 | If AGM is held on or after 01st December 2020 | |
| Due Dates of filing of the annual form | 31st December 2020 | AOC-4 – {AGM + 30 days) MGT-7 – {AGM + 60 days) ADT-1 – {AGM + 15 days) |
| Any additional compliance | Need to file CFSS form if forms are filed after the due date but up to 31.12.2020 | No need for any additional compliance |
| Additional Fees | No additional fees till 31st December 2020 | No additional fees till the due date. After that additional fees shall levy |
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