What is the due date for AOC-4 and MGT 7 as per Section 92 & 137 of Companies Act 2013?

What is the due date for AOC-4 and MGT 7 as per Section 92 & 137 of Companies Act 2013?. In case any company delay in doing mandatory filling like delay in filling financial statements (AOC-4) with the MCA then company along with its officers in default can get penalised for a maximum amount of Rs. 5,00,000 for officers in default and maximum penalty of Rs. 10,00,000.
Section 137 of the Companies Act, 2013 mandates that every company must file its financial statements with the Registrar of Companies (ROC) within the prescribed time frame. For companies required to hold an annual general meeting (AGM), the financial statements, including consolidated financial statements if applicable, must be filed within 30 days from the date of the AGM.
Applicable Provisions
The case involves an appeal under Section 454(5) of the Companies Act, 2013, concerning the MCA adjudication of penalties. The relevant rules include the Companies (Adjudication of Penalties) Rules, 2014. The matter was brought before the Regional Director (WR), Mumbai, for consideration.
Facts of the Case with ROC and RD
In Jeet Machine Tools limited & ORS, concerned ROC had passed adjudication order dated 07/05/2024 for violation of section 137 of the companies Act 2013. 
ROC in his adjudication order held that the company and its officers in default, who have defaulted liable for penalty under section 137(3) of the Act from 31/10/2019 to 18/10/2020 for not filling Financial Statements for the financial year 2018-19 within thirty days from the date of Annual General Meeting in pursuance of section 96 of the Act. 
The Registrar of Companies (ROC) imposed penalties for non-compliance, leading the company to file an appeal before the Regional Director (RD) and an opportunity of being heard was given by the RD to appellants on 05.08.2024.The authorised representative on the behalf of the company stated that:
• The company has lost one of its managing directors of the company as on 28/12/2020.
• Financial statements were filed on 31/12/2020 under CFSS-2020 and Ministry has granted immunity vide clause (vii) & (ix) of Para 6 of CFSS 2020 General Circular which was binding upon ROC, Mumbai. Also, immunity application was filed within time and immunity certificate was issued by Ministry of Corporate Affairs to the company and its directors.
• The company has also filed the Form CFSS on May 16,2021. 
Imposed Penalty
Considering all the facts, circumstances and all the submission made by the company, the adjudicating authority had imposed penalty on companies and officers in default as follows:

Violation of Section
To whom penalty imposed

Maximum Penalty

Section 137 of the companies Act 2013
 On Company

10,00,000

On Managing Director
5,00,000

On CFO
5,00,000

Reduction in Penalty
Taking into the consideration the adjudication order of the ROC Mumbai submission by the appellants in their application, further submissions made by the appellants vide letter dated 05/07/2024 & oral submissions made by the authorised representative and AROC, Mumbai, during the course of hearing, the adjudication order dated 07/05/2024 passed by ROC, Mumbai is “Set Aside” under section 454 (7) of the companies Act, 2013 and the penalty is waived off, as the ROC has failed to give benefit of immunity granted by the MCA to the company and its directors. 
Any Benefit of Section 446B of Companies Act
Section 446B of the Companies Act, 2013 provides a significant relief mechanism for small companies and start-ups by reducing the penalty burden for certain non-compliances. Under this provision, if a small company or a start-up commits a default for which a penalty is prescribed under the Act, the penalty imposed shall not be more than half of the specified penalty, subject to a maximum limit. In adjudication matter of Jeet Machine Tools Limited & ORS company does not fall under the criteria of section 446B of the companies Act 2013.
Observations:
In conclusion, the appeal under Section 454(5) of the Companies Act, 2013, was carefully examined by the Regional Director and considering all the fact and circumstances RD set aside the order of ROC as company has done its filing under CFSS 2020. 
The company availing the CFSS 2020 shall not be charged additional fee, they will be granted immunity from the launch of prosecution or the proceedings for imposing penalty under the Act where the prosecution and proceedings arose due to delay in filling of belated documents.
Download MCA Adjudication Order:

In case any company delay in doing mandatory filling like delay in filling financial statements (AOC-4) with the MCA then company along with its officers in default can get penalised for a maximum amount of Rs. 5,00,000 for officers in default and maximum penalty of Rs. 10,00,000.

Section 137 of the Companies Act, 2013 mandates that every company must file its financial statements with the Registrar of Companies (ROC) within the prescribed time frame. For companies required to hold an annual general meeting (AGM), the financial statements, including consolidated financial statements if applicable, must be filed within 30 days from the date of the AGM.

Applicable Provisions

The case involves an appeal under Section 454(5) of the Companies Act, 2013, concerning the MCA adjudication of penalties. The relevant rules include the Companies (Adjudication of Penalties) Rules, 2014. The matter was brought before the Regional Director (WR), Mumbai, for consideration.

Facts of the Case with ROC and RD

In Jeet Machine Tools limited & ORS, concerned ROC had passed adjudication order dated 07/05/2024 for violation of section 137 of the companies Act 2013.

ROC in his adjudication order held that the company and its officers in default, who have defaulted liable for penalty under section 137(3) of the Act from 31/10/2019 to 18/10/2020 for not filling Financial Statements for the financial year 2018-19 within thirty days from the date of Annual General Meeting in pursuance of section 96 of the Act.

The Registrar of Companies (ROC) imposed penalties for non-compliance, leading the company to file an appeal before the Regional Director (RD) and an opportunity of being heard was given by the RD to appellants on 05.08.2024.The authorised representative on the behalf of the company stated that:

• The company has lost one of its managing directors of the company as on 28/12/2020.

• Financial statements were filed on 31/12/2020 under CFSS-2020 and Ministry has granted immunity vide clause (vii) & (ix) of Para 6 of CFSS 2020 General Circular which was binding upon ROC, Mumbai. Also, immunity application was filed within time and immunity certificate was issued by Ministry of Corporate Affairs to the company and its directors.

• The company has also filed the Form CFSS on May 16,2021.

Imposed Penalty

Considering all the facts, circumstances and all the submission made by the company, the adjudicating authority had imposed penalty on companies and officers in default as follows:

Violation of Section	To whom penalty imposed	Maximum Penalty
Section 137 of the companies Act 2013	On Company	10,00,000
	On Managing Director	5,00,000
	On CFO	5,00,000

Reduction in Penalty

Taking into the consideration the adjudication order of the ROC Mumbai submission by the appellants in their application, further submissions made by the appellants vide letter dated 05/07/2024 & oral submissions made by the authorised representative and AROC, Mumbai, during the course of hearing, the adjudication order dated 07/05/2024 passed by ROC, Mumbai is “Set Aside” under section 454 (7) of the companies Act, 2013 and the penalty is waived off, as the ROC has failed to give benefit of immunity granted by the MCA to the company and its directors.

Any Benefit of Section 446B of Companies Act

Section 446B of the Companies Act, 2013 provides a significant relief mechanism for small companies and start-ups by reducing the penalty burden for certain non-compliances. Under this provision, if a small company or a start-up commits a default for which a penalty is prescribed under the Act, the penalty imposed shall not be more than half of the specified penalty, subject to a maximum limit. In adjudication matter of Jeet Machine Tools Limited & ORS company does not fall under the criteria of section 446B of the companies Act 2013.

Observations:

In conclusion, the appeal under Section 454(5) of the Companies Act, 2013, was carefully examined by the Regional Director and considering all the fact and circumstances RD set aside the order of ROC as company has done its filing under CFSS 2020.

The company availing the CFSS 2020 shall not be charged additional fee, they will be granted immunity from the launch of prosecution or the proceedings for imposing penalty under the Act where the prosecution and proceedings arose due to delay in filling of belated documents.