Quick Answer
Filing annual returns with the ROC is crucial to avoid penalties, prosecution, or company strike-off. Since July 1, 2018, defaults accrue a penalty of Rs. 100 per day. Furthermore, over 3 lakh companies have already been struck off by the Indian government for failing to comply with these mandatory annual return procedures.
There is old idiom “Prevention is better than cure” the same analogy applies to Annual Return flings to ROC ( Registrar of Companies)
The Government of India is very keen to eliminate all private limited companies which are shell companies and do not comply with annual return procedures, more than 3 lakh companies have already been struck off for the records of the registrar of companies
1) Currently, the penalty is limited to a maximum of 13 times the original fess from 1st July 2018 the same stand removed and after the amendment of The Companies (Registration Offices and Fees) Second Amendment Rules, 2018 was notified by the Ministry of Corporate Affairs on 7th May 2018. The fees will be Rs.100 per day w.e.f 1st July 2018 shall become payable at 100Rs per day of default
2) Increase the risk of Non-Compliance and invite penalty and prosecution against the directors of the private limited company
3) Disqualification of Directors if the case of continues non-filing & Strike off of companies if the company does carry any activity or has not filed the annual returns along with penalty and prosecution against the directors
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As of July 1, 2018, following the amendment of The Companies (Registration Offices and Fees) Second Amendment Rules, 2018, the penalty for missing annual return filings is Rs. 100 per day of default. Previous caps on penalties were removed to ensure strict compliance by companies.
Form AOC-4 is a mandatory filing submitted to the MCA for each financial year. It must include the company's financial statements, specifically the Profit and Loss Account and Balance Sheet, along with the Audit Report and the resolution passed during the Annual General Meeting.
The due date for filing form MGT-7 is 60 days from the date of the Annual General Meeting. This form contains information regarding board meetings held, shareholding patterns, share transfers, changes in directors, and the overall indebtedness of the company.
Failure to file annual returns increases the risk of non-compliance, leading to penalties and potential prosecution against the company directors. If non-filing continues, the government may disqualify directors and strike the company's name off the Registrar of Companies' records if it is deemed inactive.
A company is required to conduct its Annual General Meeting on or before September 30th following the end of the financial year. This rule applies to all companies except for those conducting their first Annual General Meeting, which has different scheduling requirements.