Petition seeking extra time to file Form AOC-4 rejected as there was no proof to file within deadlines: HC

Case Details: Aurbindo Chaudhuri Memorial Great Indian Dream Foundation v. Union of India - [2023] 148 taxmann.com 337 (HC-Delhi)

Judiciary and Counsel Details

• • Prathiba M. Singh, J.
  • Vishal Gupta AR for the Petitioner.
  • Dev P. Bhardwaj & Ms Anubha Bhardwaj, Advs. for the Respondent.

Facts of the Case

In the instant case, the petitioner company was unable to file Form AOC-4 (Financial statements), within the prescribed period of 30 days subsequent to the Annual General Meeting (AGM) as per section 137 read with Rule 12 of the Company (Accounts) Rules, 2014.

The Ministry of Corporate Affairs (MCA) released two circulars, i.e., General Circular No. 11/2020 and 12/2020 dated 24-3-2020 and 30-3-2020, respectively permitting defaulting companies to submit the required documents belatedly.

Moreover, the Company Fresh Start Scheme, 2020 was also launched and in terms of the said scheme, companies that had not filed their documents on the MCA website were given permission to file the said documents, returns, statements etc., till 31-12-2020.

The petitioner contended that a corporate professional representing the petitioner company had tried to upload the challan for submitting documents on the last date i.e., 31-12-2020. However, on the said date, the MCA website crashed and was not restored and, thus, the same could not be uploaded.

Thus, the petitioner requested further extension for uploading the said documents without any additional fee or penalty.

High Court Held

The High Court, after examining the records, held that there was nothing on record to show that these forms were filled by the petitioner or that there was any attempt to upload the said forms within the deadlines fixed. Therefore, there was no merit in the prayer of the petitioner for permitting to file Form AOC-4 or Form MGT-7 in respect of its AGM dated 28-9-2019 without additional fee and penalty.

Accordingly, the appeal was to be dismissed.