Relaxation on levy of additional fees in filing of Forms AOC-4 for financial year ending 31.03.2020 | Due date extended

Ministry of corporate affairs has vide Circular no. 4/2021 Dt. 28.01.2021 exempted levy of additional fees for all types of AOC -4 Form till 15.02.2021 for financial year ending 31.03.2020. This simply means due date for AOC-4 form has been extended.

It is important to note that due dates have not been extended for all types of Form AOC-4.

Earlier extended due date for such forms was 31.01.2021.

Under normal circumstances, Form AOC 4 should be filed within 30 days from the last date of the company’s annual general meeting (AGM) held in a relevant assessment year.

In case of OPC it is to be noticed that the AOC 4 has to be filed within the 30 days period or else within the 180 days.

Penalty and Late fees for Form AOC-4 are as follows:

Late fees on the filling of form AOC 4: From 01st July 2018, the late filing of Form AOC-4 shall attract the penalty of Rs. 100 per day till the date of filing.

Earlier there was a late fee slab for late filing of E-form AOC-4:-

Number of Days Delayed Penalty Amount for Late Filing
 Up to 30 days 2 times of normal filing fees
More than 30 days and up to 60 days 4 times of normal filing fees
More than 60 days and up to 90 days 6 times of normal filing fees
More than 90 days and up to 180 days 10 times of normal filing fees
More than 180 days and up to 270 days  12 times of normal filing fees

Penalty for non-filing of Form AOC 4:

Defaulting Party Penalty Imposed
Company INR 1,000 for every day of default subject to Max of INR 10 Lakhs
1. Managing Director/Chief Financial Officer

2. In case of the absence of the Managing Director/Chief Financial Officer-Any other Director who the Board assigns the responsibility.

3. In case of the absence of any such Director-All directors of the company

INR 1 Lakh + INR 100 for each day of default subject to Max of INR 5 Lakhs

 

Form AOC 4 is used to file the financial statements for each financial year with the Registrar of Companies (ROC).

Form Nature of Form
Form AOC-4 Form for filing financial statement and other documents with the Registrar
Form AOC-4 XBRL Form for filing XBRL document in respect of financial statement and other documents with the Registrar
Form AOC-4 CFS Form for filing consolidated financial statements and other documents with the Registrar
Form AOC-4 NBFC (IND-AS) Form for filing financial statement and other documents with the Registrar for NBFCs
Form AOC-4 CFS NBFC Form for filing consolidated financial statements and other documents with the Registrar for NBFCs

The below-given companies should file AOC 4 in XBRL (extensible business reporting language) Format:

  • All companies along with their subsidiaries that are listed on the Indian stock exchange
  • All companies, having an annual turnover of 5 crores or above.
  • All companies, having an annual turnover of 100 crores or more.
  • All companies who are governed under Companies Rules 2011.

Documents required for filing Form AOC-4

The below is list of documents required to filed with the AOC 4:

  • Balance Sheet with its Notes
  • Profit and Loss Statement with its Notes
  • Cash Flow Statement.
  • Statement of Change in Equity.
  • Reports from the Auditor
  • Reports from the Board
  • Corporate Social Responsibility Report, if Any
  • Statement of Subsidiaries in Form AOC-1, if Any
  • Other Relevant Documents, if Any Required

The fees for Filing AOC 4 Form based on the share capital or annual turnover of a company are as follows:

  • Less than 1,00,000- Rs 200 per document
  • 1,00,000 to 4,99,999-Rs 300 per document
  • 5,00,000 to 24,99,999- Rs 400 per document
  • 25,00,000 to 99,99,999-Rs 500 per document
  • 1,00,00,000 or more -Rs 600 per document

To download circular CLICK HERE.