4.5.3 Reporting Requirements Every Company is required to file the following documents with the ROC:
( i) Annual Return- Companies are required to prepare and file annual return with the ROC within 60 days from the date of the holding their AGM. The annual return has details of shareholders, directors and any changes there of from the date of the previous AGM.
( ii) Balance Sheet- Companies are required to file with the ROC copies of the audited balance sheet, profit and loss account together with the director’ s report and the auditor’ s report within 30 days of the AGM. Following Companies falling in Phase-1 are required to file their Balance Sheet and Profit & Loss Account in XBRL mode from the year 2010-11
• All Companies listed in India and their Indian Subsidiary.
• All Companies having paid up capital of ` 5 crore or more and turnover of ` 100 crore and more
( iii) Compliance Certificate- Every company having paid up capital of ` 1 million( US $ 1,836 approx) or more but less than ` 50 million( US $ 183,553) is required to file with the ROC a certificate from a Company Secretary in whole time practice within 30 days of the AGM. The certificate should state that the company has complied with all requirements under the Companies Act.
The audited financial statements are also filed with the income tax, VAT authorities. and excise department.
Indian Regulatory Environment- Key Dates
REGULATORY MATTER |
DUE DATE |
Corporate Law |
Board Meeting |
Quarterly( calender year basis) |
Annual General Meeting(‘ AGM’)( adoption of |
Within 180 days of end of financial year |
financials) |
Annual Return with the ROC |
Within 60 days of holding the AGM |
Tax |
Corporate Tax Return |
September 30th & November 30th * |
Tax Audit Report |
September 30th & November 30th * |
Transfer Pricing Report |
November 30th |
TDS Returns( Tax Withholding) |
Quarterly |
Individual tax return |
July 31st |
Service tax return |
Quarterly |
Compliance |
Deposit of TDS |
7th of every month |
Deposit of Service Tax: |
Quarterly ** |
• In case of Individuals / proprietary concerns and |
Partnership |
• In case of others |
Monthly |
* In case where the transfer pricing report is required ** 5th – deposited manually 6th – deposited electronically
32