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The company is recognised as a separate legal entity, once all the legal formalities required for incorporation are completed and the certificate of incorporation is issued to the company, distinct from its members.

There are various matters to be undertaken post the incorporation, whether the company is a private or a public company, like in the first Board meeting immediately post incorporation, compliance which are to be done on regular and periodical basis.

The directors of the company are responsible to ensure the legal compliances and several instances wherein the company has to intimate the concerned Registrar of Companies, on a timely basis, in the prescribed manner.

All Companys and LLPs enjoy a separate identity which requires maintaining its active status through the regular filing with MCA. Companies Acts mandates filing of annual return and audited financial statements with MCA for every financial year. GST Annual Returns, Filing of Income Tax Returns, Filing of Tax Audit Report and many more compliances periodically are required under various statutes.

Start-ups engulf themselves in business development and miss out the number of compliances. Swio can help avoid heavy penalties and provide professional timely guidance.

India being a federal tax structure, having taxes levied by the Central Government, the State Governments, and the local regulatory. The taxes are broadly Direct Tax including income tax, dividend distribution tax, minimum alternate tax (MAT) and Indirect Tax which includes Excise Duty, Customs Duty and the popularly known as GST. Other taxes collected such as levies on transaction including stamp duty, securities transaction tax, and commodity transaction tax.

All the Indian companies are subjected to payment of tax and stamp duty on the income generated during the ordinary course business in any financial year. Consequences of non-payment or inadequate and/or delayed payment of tax and stamp duty include moderate to heavy penalties, in some cases, impounding of the documents by the authority and even prosecution.

These various compliances are to be made by the owners of the business which diverts their valuable resources like time and energy from its application in the business to make profits, such compliance can be outsourced to the professionals at Swio who take up the laborious tasks with minimal costs allowing you to invest more time in the business to achieve more returns and to be carefree of the legislation and the statutory requirements.

Manufacturing / Production business have to comply with a comprehensive list of statutes which govern the establishment, factories, business, employees and the terms of employment including working time and conditions of employment, minimum wages, rights and obligations of the employer, employee and trade unions, insurance (ESI), bonus, gratuity, maternity benefits, employment retrenchment, provident funds(PF), and other issues concerning the employees.

Frequently Asked Questions

- Once filed, the eForm cannot be rectified. You may, however, re-submit the e-Form, if the concerned MCA office has marked the status of your SRN as 'Re-submission'.

As a part of Annual Filing, Companies incorporated under the Companies Act 2013, are required to file the following eForms with the Registrar of Companies (ROC):

  • Form AOC-4: For filing financial statement and other documents (For FY start on or after 01.04.2014)

  • Form AOC4-CFS: Form for filing statement containing salient features of consolidated financial statement of a group (For FY start on or after 01.04.2014)

  • Form AOC4-XBRL: For filing XBRL document in respect of financial statement and other documents (For FY start on or after 01.04.2014)

  • Form MGT-7: Form for filing Annual Return by Companies having share capital (For FY ending on or after 01.04.2014)

Yes, revised filing of all Annual filing eForms except Form 23AC/ACA and Form 23AC-XBRL/ 23ACA-XBRL can be done in respect of the Forms already filed but the fees for subsequent revised filing shall be charged, assuming it as a new filing.:

The maximum form size shall not exceed 6 MB.

Removing some attachments or compressing the attachment to limit the Form size to 6 MB.

The Company would be marked defaulting company and heavy penalties along with additional filing fees shall be levied. The directors of such defaulting companies shall be disqualified after a period of 3 years of default.

The company shall file all the due annual returns and balance sheets for the financial years for which it has been marked as defaulting and the defaulting status of the company will be removed.

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