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Prakash Kakani Director, PNS EV HubAnnual Return Filing is a mandatory compliance requirement for companies and Limited Liability Partnerships (LLPs) in India. It involves the submission of detailed information about the company’s financial performance, shareholding structure, directors, and other corporate details to the Ministry of Corporate Affairs (MCA).
Annual Return Filing ensures that companies and LLPs remain compliant with the Companies Act, 2013, or the LLP Act, 2008. It is a critical step to maintain transparency and update the Registrar of Companies (ROC) on the organization's operations and changes during the financial year. Non-compliance can result in hefty penalties and legal consequences for the business and its directors/partners.
1. Legal Compliance : Avoid penalties and ensure adherence to statutory requirements.
2. Transparency : Update stakeholders about company activities and financials.
3. Maintaining Active Status : Prevent the company or LLP from being struck off the ROC register.
4. Ease in Business Operations : Smoothens business processes such as fundraising or applying for loans.
5. Enhancing Credibility : Builds trust among investors, creditors, and other stakeholders.
Feature | Annual Return Filing | Annual Financial Statements | GST Filing |
---|---|---|---|
Objective | Corporate compliance | Financial reporting | Tax compliance |
Scope | Corporate structure, shareholding, and activities | Financial details | GST transactions |
Mandatory for Companies | Yes | Yes | Yes |
Regulatory Body | MCA | MCA | GST Department |
Deadline | Within 60 days of AGM (companies) or May 30 for LLPs | As per financial year-end | Monthly/Quarterly |
Forms Used | MGT-7, AOC-4 (companies), Form 8, Form 11 (LLPs) | Financial statements | GSTR-1, GSTR-3B |
Key Information Disclosed | Corporate and operational data | Financial data | GST invoices |
Applicability | Companies and LLPs | All registered businesses | GST-registered entities |
Penalty for Non-Compliance | High | Moderate | Low to Moderate |
Filing Platform | MCA Portal | MCA Portal | GST Portal |
All companies and LLPs registered in India must file an annual return with the ROC, regardless of their turnover or activity status.
Late filing attracts penalties starting at ₹100 per day of delay, and repeated non-compliance may result in the company being struck off or prosecution of directors/partners.
AGMs are mandatory for private and public companies, except for One Person Companies (OPC) and small companies.
Revision is generally not allowed except under extraordinary circumstances, with approval from the ROC.