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CS Professional · Compliance Management, Audit and Due Diligence · Signing and Certification

Kaveri Foods Pvt Ltd held its AGM on 10 September. It did not file its annual return until 25 November, which is 76 days after the AGM. Under Section 92, what is the position?

The filing is late. Section 92(4) requires the annual return to be filed with the Registrar within sixty days from the date of the AGM. Filing 76 days after the AGM misses that period, so the company and officers in default become liable to penalty.

  1. AFiling is on time because the period is 90 days from the AGM
  2. BFiling is late because the 60-day period from the AGM date expiredCorrect
  3. CFiling is on time because the period runs from the close of the financial year
  4. DFiling is late only if the Registrar issues a notice first

Explanation

Section 92(4) requires filing within sixty days from the AGM date. The filing came 76 days after the AGM, so it was late. Section 92(5) then makes the company and every officer in default liable to a penalty.

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