All about ROC Return Filing

As a part of Annual Filing, Companies incorporated under the Companies Act 1956 or Companies Act 2013, are required to file their annual accounts and annual return with the concerned Registrar of Companies (ROC) within 30 days and 60 days respectively from the conclusion of Annual General Meeting of the Company.

In addition to ROC 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.

The following forms needs to be filed with the Registrar of Companies (ROC):

1. Form AOC -4 (Financial Statements)

The Financial Statements of a Company are required to be filed in Form AOC-4 with the ROC. Financial statements along with Board Report must be filed for all companies every year.

Form AOC-4 must be filed within 30 days from the date of Annual General Meeting and in case of One Person Company (OPC) within 180 days from the closure of Financial Year.

Financial Statements include:

(i) A Balance Sheet

(ii) A profit and Loss account (or Income and expenditure account)

(iii) Cash Flow Statement

Cash Flow Statement is not required for:

a) One Person Company

b) Small Company

c) Dormant Company

2.  Form MGT-7 (Annual Return)

The annual return of a Company is required to be filed in Form MGT-7 with the ROC. The due date for filing Form MGT-7 is within 60 days from the date of Annual General Meeting.

Also, Copy of MGT-8 is mandatory to be attached with Form MGT-7 in case of a listed company or a company having paid up share capital of Ten Crore rupees or more or turnover of Fifty Crore rupees or more.

3. Form MGT-14 (Approval of accounts)

Form MGT-14 is filed for approval of Financial Statements and Board’s Report of the Company. Private Companies are no longer required to file MGT-14. The due date of filing Form MGT-14 is within 30 days from date of passing the Resolution.

4. Form ADT-1 (Appointment of Auditor)

Form ADT-1 is required to be filed for appointment/re-appointment of auditor. The due date of filing is within 15 days from the date of AGM. Filing of Form ADT-1 applies to all types of companies that are listed or not listed or private or public except in the cases of the first auditor. 

Form ADT-1 is not mandatory for the first auditor if a company’s auditor is appointed for the first year after its incorporation.

No need to file e-form ADT-1 for ratification of Auditor.

5. Form CRA-4 (Cost Audit Report)

Form CRA-4 is used for Filing the Cost Audit Report of the Company with the ROC and the due date of filing is within 30 days from the receipt of a copy of cost audit report.

There is a provision of penalty and additional fees in case of delay in filing ROC Return which vary on the period of delay.