Deciding First
Financial Year for your Company
MEANING OF FINANCIAL YEAR
As per Section 2(41) of Companies
Act, 2013 “Financial
year” in relation to any company or body corporate means the period ending on
31st day of March every year, and where it has been incorporated on
or after the 1st day of January of year, the period ending on the 31st
day of the March of the following year, in respect whereof financial
statement of company or body corporate is made up.
Please Note that on an application made by a company
or body corporate which is a holding company or a subsidiary of a company
incorporated outside India and is required to follow a different financial year
for consolidation of its accounts outside India, the tribunal may if satisfied
allow any period as its Financial Year.
Please Further Note that a company or body corporate, existing
on the commencement of this Act, shall within a period of two years from such
commencement, align its financial year as per this clause.
MEANING OF ANNUAL GENERAL MEETING
As per Section 96 of Companies Act,
2013, every company
other than One person company shall in each year hold its general meeting
within not more than 15 months from the date of annual general meeting of a
company and that of next.
Please Note that in case of first annual general
meeting, it shall be held within a period of nine months from the date of
closing of the first financial year of the company and in any other case,
within a period of six months from the date of closing of Financial Year.
Please further note that if a company holds its first annual
general meeting as aforesaid, it shall not be necessary for the company to hold
annual general meeting in the year of incorporation.
Also note that Registrar may for any special
reason, extend the time within which any annual general meeting, other than
first annual general meeting, shall be held by a period not exceeding three
months.
Every Annual
General meeting shall be called during business hours on the day that is not
National Holiday. Please note that Central Government may exempt any company
from this provision.
For Instance:
XYZ Private Limited Company is
incorporated on 15th Feb, 2015. So the closing of First Financial
Year would be 31st March, 2016 and Annual General Meeting should be
held by 31st December, 2016 (i.e 9 months from the closing of First
Financial Year).
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if a company is incorporated on 19 dec 2014,then what will be first financial yearand first agm date.
ReplyDeleteParticulars Date
DeleteDate of Incorporation 19/12/2014
Date of closing of First FY 31/03/2015
Due date of first AGM (within 9 months from the date of closing first FY) 31/12/2015
Date of closing 2nd FY 31/03/2016
Due date of Second AGM (not more than 15 months from 1st AGM)
Suppose 1st AGM held on 30.09.2015 30/12/2016
Due date of Second AGM (within 6 months from the date of closing of second FY) 30/09/2016
Due date of Second AGM shall be earlier of above two 30/09/2016
But the ITR & Audit of the same is to be done for both years na?
ReplyDeleteBecause these provisions are as per companies Act but there is no such amendment in IT Act. So we have to file ITR for separate years and Audit of Books should also be done for both years.
If company incorporate in december 2013 than what is the financial year?
ReplyDeleteUp to march 2014 or march 2015?
company incorporated on 12/12/2013 when should it have the first financial year(co incorporated under ca 1956)
ReplyDeleteSince it's clearly mentioned in the article it self that if the company is incorporated (on or after the 1st day of January of year, the period ending on the 31st day of the March of the following year) and in your case it is incorporated before 1 Jan then the f.y. of the company would be ending on 31 march 2014.
ReplyDeleteCompany incorporated on 1st March 2018,
ReplyDeleteSo its first financial year will be 1/3/18-31/3/19.
And all the compliances of MCA ( like AGM & Annual Return filing would be done considering year ending 31/3/19.
My Doubts -
1. Does the company require Income Tax Audit for the period 1/3/18-31/3/18
And a separate audit for 1/4/18-31/3/19.
Is it..??
2. Does company required to File ADT-1 for appointment of first auditor. Please confirm as i have seen both views about this and called MCA and they said that its not mandatory to file ADT 1 for first auditor..
Thank You..
Please find reply to your query:
ReplyDelete1. Does the company require Income Tax Audit for the period 1/3/18-31/3/18, And a separate audit for 1/4/18-31/3/19.
Asper the Section 3 of Income Tax Act, 1961, the previous year is defined as
"For the purposes of this Act, "previous year" means the financial year immediately preceding the assessment year :
Provided that, in the case of a business or profession newly set up, or a source of income newly coming into existence, in the said financial year, the previous year shall be the period beginning with the date of setting up of the business or profession or, as the case may be, the date on which the source of income newly comes into existence and ending with the said financial year. "
Keeping in view the above provisions, in your case, it is concluded that, if you earn any income for the period 1/3/18-31/3/18, then you are required to file ITR and in case you revenue is NIL then you are not required to file ITR,
Audit under Income Tax for business is required, when the person is carrying on the business and his Total Sales exceeds Rs. 1 Crore.
2. Does company required to File ADT-1 for appointment of first auditor.
YES , according to 3rd Proviso of Sub Section 1 of Section 139, " the company shall inform the auditor concerned of his or its appointment, and also file a notice of such appointment with the Registrar within fifteen days of the meeting in which the auditor is appointed "
Further Rule 4 Conditions for Appointment and Notice to Registrar of The Companies (Audit and Auditors) Amendment Rules, 2018., states that The notice to Registrar about appointment of auditor under fourth proviso to sub-section (1) of section 139 shall be in 1Form ADT-1.
WHERE A COMPANY IS INCORPRATED IN THE MONTH OF FEB 2018. WHEN HAVE WE TO FILE ITS ANNUAL RETURN
ReplyDeleteWhereas in form ADT-1 it does provide the space for Date of Board Meeting instead it aks for date of AGM which is why we are unable to file ADT-1.
ReplyDeletePlease suggest how to proceed to file ADT-1 for 1st auditor appointment.
If company incorporated on 1st January 2019, then what is financial year
ReplyDeleteA Company is incorporated on 13th jan, 2019 then 1st financial year is 31st mar 2019 or 31st mar,2010?
ReplyDelete