All companies registered in India whether as private limited company, one person company, public limited company, and section 8 company shall file MCA annual return and income tax return each year.
Every Company except One Person Company (OPC) is required to conduct its Annual General Meeting (AGM).
Companies must conduct an Annual General Meeting at the end of each financial year and file an annual return with the Ministry of Corporate Affair (MCA) to maintain compliance. For newly incorporated Companies, the Annual General Meeting should be held within 18 months from date of incorporation or 9 months from the date of closing of financial year, whichever is earlier. Subsequent Annual General Meeting shall be held within 6 months from the end of that financial year. In India, normally the financial year starts on 1st April and end on 31st March. So a Company's annual return would be due on or before 30thSeptember.
• Balance Sheet of the Company, Profit & Loss Account
• Compliance Certificate, Registered Office Address
• List of shareholders and shareholding structure of company
• Details of transfers &/or Transmission of securities
• Shares and Debentures details
• Changes in Directorship
NOTE– Signing- Annual Return shall be signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice. However, in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company.
NOTE- Section-92 of Companies Act, 2013 contains provisions regarding Annual Return.
(1) Every company shall prepare its annual return in Form No. MGT 7.
(2) The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT 8.
In addition to MCA annual return, companies should also file income tax return irrespective of income, profit or loss. Hence, even dormant companies with no transactions are required to file income tax return each year. Private limited companies, limited companies and one person companies would be required to file Form ITR-6.The due date for filing income tax return for a company is on or before the 30th of September.
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