What is ROC return filing?
ROC filing means the filing of audited financial statements, and annual returns, by the company to the ROC. Under section 129 and 137 of the Companies Act, 2013, every company should file the audited financial statements with the ROC.
Who can file ROC return?
Every company is required to file the Audited financial statement and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date.
What is ROC documents?
The Registrar of Companies plays an essential role in fostering and facilitating business culture. Every company in the country requires the approval of the ROC to come into existence. The ROC provides an incorporation certificate which is conclusive evidence of the existence of any company
Is ROC filing mandatory?
The companies incorporated as per the Companies Act, 1956 and Companies Act, 2013 are required to do ROC Filing annually with the Registrar of Companies, in order to check its compliance with the laws and the provisions.
Can ROC returns be revised?
Yes, revised filing of all Annual filing eForms except Form 23AC/ACA and Form 23AC-XBRL/ 23ACA-XBRL can be done in respect of the Forms already filed but the fees for subsequent revised filing shall be charged, assuming it as a new filing.
Increase in Penalty for Not Filing Annual Return
Normally, the Government fee for filing or registering any document under the Companies Act required or authorized to be filed with the Registrar is Rs.200. A private limited company would be required to file form MGT-7 and form AOC-4 each year and the government fee applicable if filed on time would be Rs.400. In case of delay in filing of annual return, the penalty as mentioned would be applicable:
Due date for company annual return & income tax return.
| Period of Delay | Current Penalty | Proposed Penalty |
| Upto 15 days (sections 93,139 and 157) | Rs.400 | Upto Rs.3000 |
| More than 15 days and upto 30 days (Sections 93, 139 and 157) and upto 30 days in remaining forms. | Rs.800 | Upto Rs.6000 |
| More than 30 days and upto 60 days | Rs.1600 | Upto Rs.12000 |
| More than 60 days and upto 90 days | Rs.2400 | Upto Rs.18000 |
| More than 90 days and upto 180 days | Rs.4000 | Upto Rs.36000 |
| More than 180 days and upto 270 days | Rs.4800 | Upto Rs.54,000 |
| Delay beyond 270 days | Rs.100 per day | Rs. 100 per day per form |
So under the current rules, the maximum penalty applicable for delay of upto 270 days is 12X of normal fee which would be Rs.4800.