Dear Ajit,
Hope you are doing well !!
We will need to check the same with our CS/Lawyer. They will guide you in proper way.
Please take a phone consultation for detail discussion.
Close of non-compliant company after receiving notice 248
Hi, I registered a company in 2013 the CIN of which is U72900UP2013PTC060548 I didn't conduct any business nor open a current account of the same. It just lied as it was until now. Last month i received an email from a CA that my company was marked non-complaint and i the directors need to pay a huge penalty otherwise DIN will be revoked. I didn't pay any penalty. Yesterday, i received a notice 248 by post. Now, i am not sure what to do. I just want to CLOSE the company and don't want any directors to fall in any kind of trouble. I don't know what penalties to pay if any. Please guide me on this. Regards Ajit
Asked 5 years ago in Corporate Tax
Irrespective of business activities carried out or not, there are certain form which needs to be uploaded by company like INC22A, DIR 3KYC, etc. It seems that you have not filled these returns also that's why the company status has been changed to non compliant.
Thus it is suggested to comply with those formalities. Reply to sec 248 notice depends on what the notice has been issued. If you can brief me the content of notice then steps can be discussed for further actions.
Hello Sir,
It is advisable to take the help of Company Secretary.
Hello,
You will have to file all due Forms with your representation letter that no business has been conducted by the company with due fees and penalty within the specified time period.
If you don't reply to this notice, DIN of the Directors shall be ceased, Directors won't be allowed to continue as directors in other companies and Directors might be held personally liable for all the statutory and other liabilities of the company.
Regards,
CA Hunny Badlani
Hi,
- It seems that you have not filed the annual returns since the incorporation of the company?
- Also, it appears that you have not filed INC22A, DIR-3KYC.
- Please share the copy of notice u/s 248.
Thanks
Hello Vivek Kumar Ji, Here is the copy of notice served to me. https://i.imgur.com/zbfOnoC.jpg
Asked 5 years ago
You must have filed annual return every year even if no business was done because of which now directors would be disqualified and they may have to pay fine as well.
Please contact a good CS who can help you file proper reply and save you.
https://www.indiafilings.com/learn/consequences-of-not-filing-annual-return/ you can go through this.
Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.
Thank you.
As per my opinion, you should contact local CS who is handling these type of cases.
Kindly take consultation in person for the reply to be prepared within 30 days.
Hi,
This notice does not prescribe any penalty.
This notice is to inform you that since your company is dormant, it will be strike off from the RoC register. If you want the company to be alive, you can make your representation.
However, what I observe from your question is you anyways want to shut the company. In that case, you don't need to do anything. Company's name will be strike off from the RoC after 30 days. Post that you don't need to comply with annual compliances applicable to all companies.
However, if any notice has been issued for penalty for other non compliances that will be valid.
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