All companies registered in India like private limited company, one person company, limited company, and section 8 company must file MCA annual return and income tax return each year. Before filing annual return, the company must conduct an Annual General Meeting at the end of each financial year. 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 Meetings should be held within 6 months from the end of that financial year. In India, normally the financial year starts on April 1st and end on 31st March. So a Company’s annual return would be due on or before September 30th.
In addition to MCA annual return, companies must 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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Private Limited Company Compliance Due Dates in 2019
The compliance requirement for private limited company has drastically changed over the years 2018 and 2019. The following is a summary of private limited compliance due dates in 2019.
Commencement of Business (Within 180 Days)
Companies registered in India after November 2018 and having a share capital are required to obtain commencement of business certificate before commencing any business or exercising any borrowing powers. The commencement of business certificate must be obtained within 180 days of incorporation of the company. Failure to obtain commencement of business certificate will lead to a penalty of Rs.50,000 for the company and a penalty of Rs.1000 per day for the Directors for each day of default.
Auditor Appointment (Within 30 Days)
All companies registered in India must appoint a statutory Auditor within 30 days of incorporation. Failure to appoint an Auditor will lead to a penalty of Rs.300 per month and the company would not be allowed to commence business.
Income Tax Return (30th Sep 2019)
Private limited companies registered in India must file Income Tax Return on or before 30th September 2019 for the FY2018-19. Failure to file income tax return attracts a penalty of Rs.10,000.
MCA Form AOC-4 (30th Nov 2019)
Private limited companies registered in India must file MCA Form AOC-4 on or before 30th November 2019 for FY2018-19. Failure to file AOC-4 attracts a penalty of Rs.200 per day of default or delay.
MCA Form MGT-7 (31st Dec 2019)
Private limited companies registered in India must file MCA Form MGT-7 on or before 31st December 2019 for FY2018-19. Failure to file MGT-7 attracts a penalty of Rs.200 per day of default or delay.
ACTIVE eForm (25th Apr 2019)
Companies registered before 31st December 2017 are required to file eForm ACTIVE (Active Company Tagging Identities and Verification) – INC22A on or before 25th April 2019. Failure to file e-Form Active will lead to a penalty of Rs.10,000.
Form DPT-3 (22nd Apr 2019)
Form DPT-3 filing must be made by all companies other than a Government company on or before 22nd April 2019. Hence, all private limited company, OPC, limited company or Section 8 Company would be required to file Form DPT-3 one-time.
DIN eKYC or DIR-3 eKYC form must be filed for all the Directors of the company. In DIR-3 eKYC filing, the Director must provide and verify a unique personal mobile number and personal email address. Failure to file DIN eKYC attract a penalty of Rs.5000 per DIN.
MSME 1 & 2
All companies getting service from MSME enterprises must file MSME 1 & 2 each year. MSME 1 must be filed within 30 days of the form becoming live on the MCA Portal and MSME form 2 must be filed on or before 31st October. Failure to file the form attacts a penalty of Rs.25000.