Jas Company Private Ltd did not file its annual returns for the past several years. Hence, the Registrar of Companies (RoC) made an application to the Tribunal for winding up of the company stating that the company defau
CS Executive · Company Law · PYQS · December 2021
Jas Company Private Ltd did not file its annual returns for the past several years. Hence, the Registrar of Companies (RoC) made an application to the Tribunal for winding up of the company stating that the company defaulted in filing annual returns and business of the company is conducted in fraudulent manner. But the company argued that filing of annual return for a private company is not a must and Tribunal does not have jurisdiction on the matters cited by the RoC. Whether RoC would succeed in his attempt?
Answer & Explanation:
Section 92 of the Companies Act, 2013 prescribes that every company is required to prepare an annual return in the prescribed form containing the particulars as they stood on the close of the financial year. Further, Section 271 of the Companies Act, 2013 provides that a company may, on a petition under section 272, be wound up by the Tribunal if the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years. Hence RoC will succeed in his attempt only if the Jas Company Private Limited has not filed its Annual Return for preceding 5 or more consecutive financial years, as the Act specifically empowers the Tribunal to exercise jurisdiction on these issues.
Topics: Annual Return
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