Annual return ‑ Delay in filing annual return ‑ Payment of additional fees - Companies Law - Letter : No. 8/16(1)/61‑PR,

Letter : No. 8/16(1)/61 ‑ PR, dated 9 ‑ 5 ‑ 1961. Subject:- Annual return ‑ Delay in filing annual return ‑ Payment of additional fees Query : In cases of default or delay in holding the annual general meeting, what is the date on which the annual return and balance sheet of a company should be deemed to be due for filing with the Registrar of Companies for the purpose of charging additional fees pursuant to section 61(2) ? Should it be the 42nd (now 60th) day after the day in which the company should ordinarily have held its annual general meeting under the provisions of the Act or should it be only the 42nd (now 60th) day after the day on which the company actually held the annual general meeting ? Answer : Having regard to the decision in Hirjee Mills case AIR 1961 SC 186 in which the Supreme Court held that the default either under section 32(3) [section 161], or under section 134(1) [section 220], of the Indian Companies Act, 1913 occurred after the expiry of 21 days from the last day on which the annual general meeting should have been held within the year, the Department is of the view that a company should be deemed to have defaulted in the matter of filing documents under section 159 even if these are filed within 42 days (Now 60 days) of the holding of the annual general meeting where such a meeting has been held after the due date. The clarification made in the Explanation to sub-section (1) of section 159 and the provision enabling the company to file annual returns even where the annual general meeting has not been held in sub‑section (2) of the said section will strengthen this view.