MCA amends strike-off rules – Mandatory filing of overdue Financial Statements, before striking-off of companies

Strike Off of Companies
A company cannot file a strike-off application unless it has filed overdue financial statements and overdue annual returns.

The Ministry of Corporate Affairs (MCA) has notified an amendment to the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

The amendment provides more clarity on the filing requirements of overdue financials before applying for strike-off.

As per the amended norms, a company cannot file a strike-off application unless it has filed overdue financial statements under section 137 and overdue annual returns under section 92, up to the end of the financial year in which the company ceased to carry out its business operations.

Previously, the MCA had removed the requirement for up-to-date financial results and annual returns, vide the amendment introducing the Centre for Processing Accelerated Corporate Exit.

However, this requirement has now been reintroduced. The present amendment shall be effective from 10.05.2023.

Annual Filing (i.e. AOC-4 and MGT-7) is required to be filed before applying for Strike off.

As per the amendment made in rule 4 in May 2019 and amendment made on May 2023 “no application in Form No. STK-2 shall be filed by a company unless it has filed overdue returns in Form No. AOC-4 (Financial Statement) or AOC-4 XBRL, as the case may be, and Form No. MGT-7 (Annual Return), up to the end of the financial year in which the company ceased to carry its business operations”

Therefore, after amendment in Rule 4 w.e.f. 08th May, 2019 read with notification dated 10th May 2023, annual filing of AOC-4 and MGT-7 is mandatory up to the end of the financial year in which the company ceased to carry its business operations. In other words, Company is required to file AOC-4 and MGT-7 up to financial year till company carries its business and operations.

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 10th May, 2023

G.S.R. 354(E).—In exercise of the powers conferred by sub-sections (1), (2) and (4) of section 248 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, namely:-

  1. Short title and commencement.- (1) These rules may be called the Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2023.

(2) They shall come into force on the date of their publication in the Official Gazette.

  1. In the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 (hereafter referred to as the principal rules), in rule 4, in sub-rule (1), the following provisos shall be inserted, namely: –

“Provided that the company shall not file an application unless it has filed overdue financial statements under section 137 and overdue annual returns under section 92, up to the end of the financial year in which the company ceased to carry its business operations:

Provided further that in case a company intends to file the application after the action under subsection (1) of section 248 has been initiated by the Registrar, it shall file all pending financial statements under section 137 and all pending annual returns under section 92, before filing the application:

Provided also that once notice under sub-section (5) of section 248 has been issued by the Registrar for publication pursuant to the action initiated under sub-section (1) of section 248, a company shall not be allowed to file the application under this sub-rule.”.

[F. No. 1/28/2013-CL-V(Part-III)]

MANOJ PANDEY, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3 of Subsection (i), vide number G.S.R. 1174(E), dated the 26th December, 2016 and amended, vide Notification numbers G.S.R 355(E), dated the 12th April, 2017, G.S.R 350(E), dated the 8th May, 2019, G.S.R 420(E), dated the 29th June, 2020, G.S.R. 436(E), dated the 9th June, 2022 G.S.R. 658(E), dated the 24th August, 2022 and G.S.R. 298(E), dated 17th April, 2023.

ITR filing for AY 2023-24 starts. CBDT enables Excel Utilities for ITR-1, ITR-4

ITR filing for AY 2023-24 starts. CBDT enables Excel Utilities for ITR-1, ITR-4

For the assessment year 2023-24, the Income Tax Department has released an offline Excel-based utility for filing ITR-1 Sahaj and ITR-4 Sugam. The utility is available for download from the official Income Tax Department website. Because the utility and forms may change from time to time, it is critical to check the official website for the most recent version/updates and instructions.

The Excel-based utility for filing ITR-1 Sahaj and ITR-4 Sugam for AY 2023-24 is available for download from the Income Tax Department’s website – Released on 25-Apr-2023 and updated on 05-May-2023. The utility – Excel & Java, facilitates to electronically file ITR-1 and ITR-4 forms.

 

The instructions, utilities, schemas and validation rules will be updated as and when there is a change after due approval from ITD (Income Tax Department)

 General Instructions for Returns:

  1. Select the Assessment Year
  2. Download and extract the zip file containing the utilities to the folder and open the utility
  3. System Requirements:  Excel Utilities:

 The instructions, utilities, schemas and validation rules will be updated as and when there is a change after due approval from ITD

Using the Excel Utility

When using the Excel utility, it is critical to use a compatible version of Excel that supports macros. Resident and Ordinarily Resident (ROR) individuals with a total income of up to Rs 50 lakh from salaries, one house property, and other sources are eligible for ITR-1 Sahaj. Individuals/HUFs/partnership firms (other than LLP) with a total income of less than Rs. 50 lakh can file the ITR-4 Sugam form.

Using Macros in Excel

It is necessary to enable macros in the Excel sheet before using the ITR utility. To enable macros in Excel, navigate to File > Options > Trust Centre > Trust Centre Settings > Macro Settings > Enable All Macro > Click ‘OK’. Only enable macros in Excel sheets from trusted sources. Some Excel utility worksheets may include a help.txt file that contains instructions on how to enable macros.

Common Technical Problems

Macro errors, login issues, XML validation errors, and offline utility issues are some of the most common technical issues encountered when using the ITR utility. If you encounter any technical difficulties while using the ITR utility, you can seek assistance from the Income Tax Department Helpdesk or Tax Professional.

ITR Utility Customer Service

If you require technical assistance with the ITR utility, please visit the Income Tax Department’s official website and check the FAQs section for offline ITR utility. The FAQs section answers frequently asked questions about the ITR utility and can assist in resolving some technical issues. You can also get help from the Income Tax Department by calling their toll-free number or emailing them.

Conclusion

Filing ITR-1 Sahaj and ITR-4 Sugam using the Income Tax Department’s Excel utility can help to simplify the tax filing process. You can effectively file your taxes by downloading the utility, enabling macros in Excel, and understanding the requirements for using the utility. If you run into any technical difficulties or require assistance, the Income Tax Department and tax professionals are here to help.

Source: Income Tax Portal

Ministry of Corporate Affairs to launch 56 forms in V3 portal from Jan, 2023

Source: MCA Circular

The Ministry of Corporate Affairs (MCA) is all set to launch the Second Set of Company Forms on the MCA21 V3 portal, in January 2023, comprising of total 56 forms.

The first lot will consist of 10 forms to be released on January 9, 2023, and the second lot will consist of 46 forms to be released on January 23, 2023.

In order to simplify the process of integrating these forms into ( web based filing)  the  MCA21 V3 portal, the Ministry of Corporate Affairs has requested stakeholders to take note of the following points:

(1) For 10 forms scheduled for rollout from January 7, 2023, at 12:00 a.m. to January 8, 2023, at 11:59 p.m., company e-Filings on the V2 portal will be disabled for the specified forms that are scheduled to be released on January 9, 2023.

(2) For 46 forms scheduled for rollout on January 23, 2023, company e-Filings on the V2 portal will be disabled from January 7, 2023, at 12:00 a.m. to January 22, 2023, at 11:59 p.m.

(3) All stakeholders are advised to ensure that there are no SRNs in “pending payment” or “resubmission” status.

(4) Offline payments in V2 for the above 56 forms using the “Pay Later” option would be discontinued on December 28, 2022, at 12:00 AM. The stakeholders are required to pay for these forms in V2 online (via credit/debit card or net banking).

(5) Due to the upcoming release of 56 company forms, the V3 portal will be unavailable from January 7 at 12:00 AM to January 8 at 11:59 PM for the roll-out of 10 company forms, and from January 21 to 22, 2023, for the roll-out of 46 company forms.

(6) The V2 Portal for company filing will continue to be available for all forms except the 56 mentioned above.

Source: MCA Circular

LIST OF 10 COMPANY FORMS TO BE ROLLED OUT ON 09 Jan 2023

Sl. No. Form Number Form Name
1 SPICe+ PART A Application for reservation of name for new company incorporation
2 RUN Application for change of name of existing company
3 SPIce+ PART B Integrated Company Incorporation Application
4 AGILE PRO S Application for Goods and services tax Identification number , employees state Insurance corporation registration pLus Employees provident fund organisation registration, Profession tax Registration, Opening of bank account and Shops and Establishment Registration
5 e-AOA[INC-34] Articles of Association
6 e-MOA[INC-13] Memorandum of Association
7 e-MOA[INC-31] Articles of Association
8 e-MOA[INC-33] Memorandum of Association
9 INC-9 Declaration by Subscribers and First Directors
10 URC-1 Application by a company for registration under section 366

LIST OF 46 COMPANY FORMS TO BE ROLLED OUT ON 23rd Jan 2023

Sl. No. Form Number Form Name
1 DIR-12 Particulars of appointment of directors and the key managerial personnel and the changes among them
2 DIR-11 Notice of resignation of a director to the Registrar
3 DIR-3 Application for allotment of Director Identification Number
4 DIR-3C Intimation of Director Identification Number by the company to the Registrar DIN services
5 DIR-5 Application for surrender of Director Identification Number
6 DIR-6 Intimation of change in particulars of Director to be given to the Central Government
7 INC-12 Application for grant of License to an existing company under section 8
8 INC-18 Application to Regional Director for conversion of section 8 company into any other kind of company
Sl. No. Form Number Form Name
9 INC-20 Intimation to Registrar of revocation of license issued under section 8
10 INC-20A Declaration for commencement of business
11 INC-22 Notice of situation or change of situation of registered office
12 INC-23 Application to the Regional Director for approval to shift the Registered Office from one State to another state or from jurisdiction of one Registrar to another Registrar within the State
13 INC-24 Application for approval of Central Government for change of name
14 INC-27 Conversion of public company into private company or private company into public company or Conversion of Unlimited Liability Company into Limited Liability Company
15 INC-28 Notice of Order of the Court or any other competent authority
16 INC-4 One Person Company – Change in Member/ Nominee
17 INC-6 One Person Company – Conversion form
18 MGT-14 Filing of Resolutions and agreements to the Registrar under section 117
19 MR-1 Return of appointment of managing director or whole time director or manager
20 MR-2 Form of application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors
21 NDH-4 Form for filing application for declaration as Nidhi Company or updation of status by Nidhis.
22 PAS-3 Return of Allotment
Sl. No. Form Number Form Name
23 SH-7 Notice to Registrar of any alteration of share capital
24 SH-11 Return in respect of buy-back of securities
25 SH-8 Letter of Offer
26 SH-9 Declaration of Solvency
27 NDH-1 Return of Statutory Compliances
28 NDH-2 Application for extension of time
29 NDH-3 Return of Nidhi Company for the half year ended
30 GNL-3 Particulars of person(s) charged for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2
31 PAS-6 Reconciliation of Share Capital Audit Report (Half-yearly)
32 MGT-3 Notice of situation or change of situation or discontinuation of situation, of place where foreign register shall be kept
33 PAS-2 Information Memorandum
34 DIR-9 Report by the company to Registrar for disqualification of Directors
35 DIR-10 Application for removal of Disqualification of Directors
36 AOC-5 Notice of address at which books of account are maintained
37 FC-1 Information to be filed by foreign company
38 FC-2 Return of alteration in the documents filed for registration by foreign company
39 FC-3 Annual accounts along with the list of all principal places of business in India established by foreign company
40 FC-4 Annual Return of a Foreign company
41 GNL-2 Form for submission of documents with the Registrar
42 GNL-4 Addendum to form
43 MSC-1 Application to ROC for obtaining the status of dormant company
44 MSC-3 Return of dormant companies
45 MSC-4 Application for seeking status of active company
46 RD-1 Form for filing application to Regional Director

Stakeholders are advised by MCA to plan accordingly.