Due Dates: MCA and Income Tax Return

All companies registered in India must file MCA annual return and income tax return each year, irrespective of business turnover or activity. In this article, we look at the important due dates for company annual return filing and income tax return filing.

FY2017 -18 Due Date for Filing MGT-7 and AOC-4 Extended

The Ministry of Corporate Affairs, in a statement dated the 29^th of October 2018, has consented to favor the requests of the stakeholders by extending the due date of filing Financial Statements and Annual Returns in the applicable forms (details of which are provided below). The latest pronouncement allows the concerned assesses to complete these obligations by the 31^st of December, 2018. The concerned notification for the due date extension is enclosed below: Click here to know more.

Annual Return Due Date

All companies registered in India like private limited company, one person company, limited company, and section 8 company must file MCA annual return each year. Prior to filing annual return, all companies irrespective of turnover or activity is also required to appoint an Auditor within 30 days of incorporation.

Annual return of the company must be filed after conducing the Annual General Meeting of the company. Newly incorporated Companies can conduct the first Annual General Meeting 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. So a Company's annual return and other statutory filing as below would be due as follows:

Due Dates of ROC Return Filing (FY 2017-18)

Name of E-form	Purpose of E-form	Due Date	Due Date for FY 2017-18
Form ADT-1	Appointment of Auditor	15 days from the conclusion of AGM	15th October 2018
Form AOC-4	Annual Accounts	30 days from the conclusion of the AGM (In case of OPC within 180 days from the close of the financial year)	30th October 2018
Form MGT-7	Annual Return	60 days from the conclusion of AGM	29th November 2018
Form CRA-4	Cost Audit Report	30 days from the receipt of Cost Audit Report	30 days from the receipt of Cost Audit Report
Form MGT-14	Board Report and Annual Accounts	30 days from the date of Board Meeting	30 days from the date of Board Meeting

However, private limited companies that were incorporated between 1st January - 31st March of a financial year can conduct the first Annual General Meeting after 18 months. Hence, such companies incorporated between 1st January - 31st March could file the MCA annual return on or before 18 months from end of financial year (i.e. 30th September of Next Year)

Income Tax Return - 30th September

In addition to MCA annual return, companies must also file income tax return irrespective of business turnover, income, profit or loss. Hence, even dormant companies with no transactions are required to file income tax return each year in ITR-6 return filing. The due date for filing income tax return for a company is on or before the 30th of September.

The MCA annual return filing exemption available for newly incorporated companies between 1st January - 31st March is not available under the Income Tax Act. Hence, even a company incorporated on 25th March must file its income tax return for the entire financial year on or before 30th September. The ITR-6 Income Tax Form applicable for companies for AY2018-19 (FY2017-18) is reproduced below for reference:

Company MCA & Income Tax Filing

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