Applicability of Section 143(3)(i) of the Companies Act, 2013

[sachin banakar]

Dear Sir,

As discussed earlier on IFC audit applicability, I observed that -

 

The Company has conducted AGM for the FY 2019-20 on 31st December, 2020. Accordingly, as per section 137 of the Act- due date of filling AOC -4 with the Registrar is 30th January 2021 whereas actual date of filling is 12th February 2021. However no additional fees has been levied on filling of AOC 4 pursuant to General circular No. 04/2021 dated 28th January, 2021 issued by MCA.

Considering the above facts, whether the filling of AOC 4 beyond 30 days with no additional fees be treated as default in filing Financial Statements u/s 137 by the company and accordingly whether audit report u.s 143 (3) (i) will be applicable or not for FY 20-21.

Please check and let me know the same,

For your further reference, I have hereby attached General circular and MCA notification on non- applicability of Section 143 (3) (i) to private limited Company.

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Thanks & Regards,

sachin banakar Company Secretary in Practice

M: +91 9036250915 Incorporation I  Statutory Registrations I  Regulatory  Compliance  I  FEMA

[Sarvajit S. Yadwad]

Hello Sachin Ji,

MCA extended the due date of annual filing of 31-03-2020 till 15-02-2021. In view of the above, even if you have filed AOC-4 till 15-02, this wouldn't have been treated as non compliance.

If your Company is not falling under the criteria laid down in the notification, Section 143 (3) (i) not applicable.

CS SARVAJIT S. YADWAD
Company Secretary 
Contact: 9765144257

   

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