FinTax Corporate Professionals LLP - India's Leading Startup Legal Advisory and Compliance Consultant. Call us for Free Consultation @ +91-7210000745. Our Services - Financial Audit, Tax Filing, GST Return Filing and Compliances, Transaction Advisory, TDS Compliances, ROC Annual Filing, Compliances under various other Registrations and Laws like EPF, ESIC, Professional Tax, Food Licence, etc.
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A. Under Income Tax Act
- As per Section 44AA of Indian Income Tax Act Books of Accounts required to be maintained by specified person.
- Under Section 44AB, Tax Audit is compulsory if turnover exceeds specified limit of Rs 25 Lakhs/ 1 crore / 2 Crores of the business entity. For that Books of Accounts required to maintain.
B. Under the Companies Act 2013
- Every company shall prepare and keep at its registered office books of account and other relevant books and papers and financial statement for every financial year which give a true and fair view of the state of the affairs of the company, including that of its branch office or offices, if any, and explain the transactions effected both at the registered office and its branches and such books shall be kept on accrual basis and according to the double entry system of accounting as per Section 128(1).
- File Audit report Balance Sheet and Profit & Loss Statement annually with ROC.
- Also has to Comply Accounting Standards as issued by The Institute of Chartered Accountants of India.
- Books of Accounts shall preserve for a minimum period of 8 years.
- Non Compliance Penalty - If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial officer or such other person of the company shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees or with both as per section 128(6).
C. Under GST Act
Section 35 provides that every registered person shall keep and maintain, a true and correct account of
- Invoices, Debit note, Credit note.
- Production or manufacture of goods ( for manufacturing unit)
- Inward and outward supply of goods or services or both
- Stock of goods
- Input tax credit availed
- Output tax payable and paid and
- goods or services imported or exported
- Such other particulars as may be prescribed
We follow the provisions of Companies Act and Apply Accounting Standards (as issued by The Institute of Chartered Accountants of India) wherever applicable for a Private or Public limited company. Financial Statement prepare as per Schedule VI of the Companies Act which is the requirement for Statutory Audit and same is also adopted by Income Tax Law as well.
Prepare Monthly/Quarterly Balance Sheet, Profit and Loss A/c and Cash Flow Statement.
Deliver Accounts Backup time to time.
Deliver Invoices, Ledger, Party Statement time to time.
Preserve Accounts backup soft copy for 8 years
ROC Compliance in India at a glance
Post incorporation of a company , regular compliances varies as per nature of companies ( One Person Company, Private Limited, Limited Company) and day to day business activities. More or less few mandatory regular compliances every company has to meet with ROC on time throughout the year
Delay comply shall attract penalty upto 12 times of normal fee and Now a days consecutive 3 years non filing likely get chances for strike off by ROC and Directors Disqualifications from all other companies.
Basically there are two type of Compliances in general practice
A. Annual Compliances
Auditors Appointment, Annual Return Filings etc
B. Special Compliances
Changes in Capital, MOA/AOA Amemdment, Registered Address changes, etc