Can AOC-4 or MGT-7 be revised?

[siddharth mittal]

Dear Members,

Please suggest Whether AOC-4 or MGT-7 can be revised or Does ROC has the power to cancel the earlier filed AOC 4 or MGT 7 on an application filed in this regard and issue order to file it afresh.

Please suggest.

Regards,

Siddharth Mittal,

M Siddharth & Associates

(Company Secretaries)

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[Nanjundaiah R Gowda]

Yes you can revise the financials after obtaining the approval of NCLT

[siddharth mittal]

Thank you Sir.

Regards,

Siddharth Mittal,

M Siddharth & Associates

(Company Secretaries)

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On 17 April 2017 at 22:59, Nanjundaiah R Gowda <mrn...@gmail.com> wrote:

Yes you can revise the financials after obtaining the approval of NCLT

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[siddharth mittal]

Sir, Need to clarify One doubt, ROC does not have any power to do so. One of my friend told me that ROC can cancel the SRN of AOC 4 and you will file it again with late fees.

Please guide Sir.

Regards,

Siddharth Mittal,

M Siddharth & Associates

(Company Secretaries)

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This message and any attachment are confidential and may be privileged or otherwise protected from disclosure. If you are not the intended recipient, please telephone or email the sender and delete this message and any attachment from your system and permanently destroy any copies or printouts thereof.  If you are not the intended recipient you must not copy this message or attachment or disclose the contents to any other person. Although this email and its attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and M Siddharth & Associates does not accept any responsibility for any loss or damage arising in any manner whatsoever from its use.

[Siddharam Billur]

Revised means(i think) some mistaked in the filed forms.
U can file mgt7 very easily.
A nd then try for aoc4.

If roc asked for such dual filing u hv t clarify him.

[siddharth mittal]

yes sir, there is a mistake in auditors Report , they mentioned Rs. 1,00,000 instead of Rs. 10,00,000 as capital in Notes to Account.

Regards,

Siddharth Mittal,

M Siddharth & Associates

(Company Secretaries)

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[Siddharam Billur]

I think it may not become a big issue. Better to ignore, any how u have(I think) shown the correct amount in main balance sheet. All documents relating to increased authorized capital / MOA u have the correct amount i.e. Rs. 10lk

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[Bala Sri]

Hello Mr. Siddharth,

As clarified by other experts on this query, my take is :

a. Revision is not possible at your end. coz, all docs filed in this regard state that info provided is correct. Although I accept in your case as cited later, it is clerical error and not materially impacting any other statement / return.

b. Tribunal has the power to sanction revision vide Sec 459.

c. In addition, there may be notifications in MCA w.r.t to power of ROC to consider such issues vide powers accorded u/s 458, but I am not aware of.

Hope this helps.

Tnx

Bala Srini FCA., LL.B.

94498-27834

[CS Rahul Shah]

take affidavit from director. And go to roc talk to officer there they can cancel your approved srn or mark as dedicative. After that you need to file new form along with additional fees.

Or else go through NCLT.

In future may be notice from ministry company receive and in that case it will cost too much.

[cssatya...@gmail.com]

does ROC has power to cancel ?? i doubt....its just NCLT

[siddharth mittal]

Dear All Thanks for your views....

I visited ROC office and everyone there as usual giving no clear cut answers.

Regards,

Siddharth Mittal,

M Siddharth & Associates

(Company Secretaries)

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This message and any attachment are confidential and may be privileged or otherwise protected from disclosure. If you are not the intended recipient, please telephone or email the sender and delete this message and any attachment from your system and permanently destroy any copies or printouts thereof.  If you are not the intended recipient you must not copy this message or attachment or disclose the contents to any other person. Although this email and its attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and M Siddharth & Associates does not accept any responsibility for any loss or damage arising in any manner whatsoever from its use.

On 25 April 2017 at 14:43, <cssatya...@gmail.com> wrote:

does ROC has power to cancel ?? i doubt....its just NCLT

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[Cs Mangesh More]

Need not to worry. 

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Thanks & Regards

Cs Mangesh More

9890916987

[C K Riju & Co. Company Secretaries]

Mgt 7 can be refiled. But not aoc 4.  On filing aoc 4 revised, the system will state for the financial year the filing is done. 

[Ranjeet Singh]

Dear Sir,

In case of Annual return, You can file fresh MGT-7, if earlier one was defective. So the latest one shall be considered for records. For Revision of AOC-4, you should contact the concerned ROC with an application. In 2003, Ministry of Finance & Company Affairs, had issued a general circular in this regard, which says that modification/revision of annual accounts after their adoption in AGM and filing with ROC, is possible. But I don't know whether this circular is still enforceable. I have posted that circular here, please find the same.

If ROC doesn't allow revision, you will have to go NCLT.

Thank & Regards

Ranjeet

On Monday, April 17, 2017 at 8:15:49 PM UTC+5:30, siddharth mittal wrote:

[siddharth mittal]

Thank You very much Ranjeet ji.

Regards,

Siddharth Mittal,

M Siddharth & Associates

(Company Secretaries)

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This message and any attachment are confidential and may be privileged or otherwise protected from disclosure. If you are not the intended recipient, please telephone or email the sender and delete this message and any attachment from your system and permanently destroy any copies or printouts thereof.  If you are not the intended recipient you must not copy this message or attachment or disclose the contents to any other person. Although this email and its attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and M Siddharth & Associates does not accept any responsibility for any loss or damage arising in any manner whatsoever from its use.

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[Ranjeet Singh]

You are welcome Sir.

Thanks & Regards

Ranjeet

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