Softech Services Private Ltd has failed to file its Annual Return for the financial Year 2018-19. Discuss the consequences of non-filing the Annual Return for the Company.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
Softech Services Private Ltd has failed to file its Annual Return for the financial Year 2018-19. Discuss the consequences of non-filing the Annual Return for the Company.

Answer & Explanation:

Consequences of non-filing the annual return Penalty for default: If the company has not filed its Annual Return from the date by which it should have been filed with fee and additional fees, every officer who is in default shall be liable to a penalty of ₹10,000 and in case of continuing failure, with further penalty of ₹100 for each day during which such failure continues, subject to a maximum of ₹2 lakh in case of company and ₹50,000 in case of officer who is in default. [Section 92(5) of the Companies Act, 2013] Winding up: If the Company has defaulted in filing Annual Returns for the immediately preceding five consecutive financial years, the Company may be wound up by the Tribunal. [Section 271(d) of the Companies Act, 2013] Inactive Status: If the Company has not filed its Annual Return for last two financial years, it will be termed as 'inactive company' [Section 455(1) of the Companies Act, 2013] Dormant Status: If the Company has not filed its Annual Return for two financial years consecutively, the Registrar shall issue notice to the Company and enter its name in the Register of Dormant Companies. [Section 455(4) of the Companies Act, 2013]

Topics: Companies Act, 2013

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