INDEX
Why Compliance Matters
ROC (Registrar of Companies) Compliance
Income Tax Returns
GST Compliance (If GST Registered)
TDS Compliance
Labor Law Compliances (If Applicable)
Other Regulatory Compliances
Summarized Compliance Calendar
Consequences of Non-Compliance
Compliance Comparison Table: Pvt. Ltd. Co. vs LLP vs Partnership Firm vs Proprietorship
Returns & Compliances in a Private Limited Company in India
A Private Limited Company (Pvt Ltd) is one of the most popular business structures in India due to its benefits like limited liability, separate legal identity, and ease of raising capital. However, it comes with significant regulatory and compliance obligations.
This article outlines all the returns and compliances a Pvt Ltd company must adhere to in India — including ROC, Income Tax, GST, TDS, and labor laws.
Why Compliance Matters
Failure to comply with statutory requirements can lead to:
- Penalties and interest
- Disqualification of directors
- Legal actions and reputational damage
Hence, timely filing of returns and maintaining records is critical.
ROC (Registrar of Companies) Compliance
These are mandatory annual filings under the Companies Act, 2013:
Form | Description | Due Date |
MGT-7 | Annual Return (Details of shareholding, directors, etc.) | Within 60 days of AGM |
AOC-4 | Financial Statements (P&L, Balance Sheet, Audit Report) | Within 30 days of AGM |
DIR-3 KYC | KYC of all directors | 30th September annually |
ADT-1 | Appointment of Auditor | Within 15 days of AGM |
INC-22A (ACTIVE) | Company address verification | As applicable |
💡 Tip: AGM must be held within 6 months of the end of the financial year (i.e., by 30th September for F.Y. ending March 31).
Income Tax Returns
Return | Description | Due Date |
ITR-6 | Income Tax Return for companies (if not claiming exemption under Section 11) | 31st October (with audit) |
Form 3CA/3CD | Tax Audit Report (if turnover > ₹1 crore or professional receipts > ₹50 lakhs) | 30th September |
💡 Transfer Pricing Report (Form 3CEB) must be filed if the company has international or specified domestic transactions.
GST Compliance (If GST Registered)
Return | Frequency | Due Date |
GSTR-1 | Monthly/Quarterly Sales Return | 11th of next month / 13th of next quarter |
GSTR-3B | Monthly Summary Return | 20th of next month (varies by turnover) |
GSTR-9 | Annual Return (mandatory if turnover > ₹2 Cr) | 31st December |
GSTR-9C | GST Audit & Reconciliation (if turnover > ₹5 Cr) | 31st December |
💡 GST registration is mandatory if turnover exceeds ₹40 lakhs (₹20L for services).
TDS Compliance
If the company is deducting tax at source, the following returns must be filed quarterly:
Form | Description | Due Date |
24Q | TDS on Salary | Quarterly (e.g., 31st July, 31st Oct, etc.) |
26Q | TDS on non-salary payments | Quarterly |
Form 16/16A | TDS Certificates to Employees/Vendors | Annual/Quarterly |
Labor Law Compliances (If Applicable)
Applicable based on number of employees:
Compliance | Applicability | Frequency |
PF (Provident Fund) | ≥ 20 employees | Monthly |
ESI (Employee State Insurance) | ≥ 10 employees | Monthly |
Professional Tax | Depends on State | Monthly/Annually |
Shops & Establishment Registration | Mandatory in most states | As per State Act |
Other Regulatory Compliances
- Board Meetings: Minimum 4 board meetings per year.
- Statutory Audit: Mandatory every financial year.
- Annual General Meeting (AGM): Within 6 months of year-end.
- Maintenance of Registers: Register of members, loans, investments, etc.
- Form DPT-3: If company has any outstanding loans or advances (including unsecured loans) – due by 30th June.
- Form MSME-1: If company has pending payments to MSME vendors – due half-yearly.
Summary Compliance Calendar
Compliance | Due Date |
Board Meetings | Quarterly |
AGM | 30th Sept |
ROC Filings (MGT-7, AOC-4) | Oct-Nov (post AGM) |
ITR (ITR-6) | 31st Oct |
Tax Audit (3CA/3CD) | 30th Sept |
GST Returns | Monthly/Quarterly |
TDS Returns | Quarterly |
DIR-3 KYC | 30th Sept |
MSME Return | 30 April & 31 October |
DPT-3 | 30 June |
Consequences of Non-Compliance
- ROC late fees: ₹100 per day per form
- Income Tax penalties: ₹10,000 for late filing
- TDS late payment: 1.5% interest + penalty
- Director disqualification under Section 164(2)
- Prosecution or company strike-off in serious cases
Compliance Comparison Table: Pvt. Ltd. Co. vs LLP vs Partnership Firm vs Proprietorship
Compliance Category | Private Limited Company (Pvt Ltd) | LLP (Limited Liability Partnership) | Partnership Firm | Proprietorship Firm |
Governing Law | Companies Act, 2013 | LLP Act, 2008 | Indian Partnership Act, 1932 | No specific act (regulated under Income Tax, GST laws etc.) |
Registration | Mandatory with ROC (MCA) | Mandatory with ROC (MCA) | Optional (but advisable with Registrar of Firms) | Not mandatory (Only tax & business registrations needed) |
Separate Legal Entity | Yes | Yes | No | No |
PAN & TAN | Mandatory | Mandatory | Mandatory | Mandatory |
Statutory Audit | Mandatory (irrespective of turnover) | Not mandatory unless turnover > ₹40 L (business) or ₹25L (profession) | Not mandatory unless turnover > ₹1 Cr (business) or ₹50L (profession) | Not mandatory unless turnover > ₹1 Cr (business) or ₹50L (profession) |
Income Tax Return Filing | ITR-6 | ITR-5 | ITR-5 | ITR-3 (business/profession) or ITR-4 (presumptive) |
Tax Audit | Mandatory if turnover > ₹1 Cr or sec 44AB applies | Mandatory if turnover > ₹1 Cr or sec 44AB applies | If turnover > ₹1 Cr (business) or ₹50L (profession) | Same as partnership |
ROC Annual Filings | AOC-4, MGT-7, ADT-1, etc. | Form 8 (Statement of Accounts) and Form 11 (Annual Return) | Not applicable | Not applicable |
GST Returns (if registered) | GSTR-1, GSTR-3B, GSTR-9 | Same | Same | Same |
TDS Compliance | Quarterly TDS returns if applicable | Same | Same | Same |
Board/Partner Meetings | Minimum 4 Board Meetings + AGM annually | Minimum 1 partner meeting/year (recommended) | No legal requirement | No legal requirement |
Maintenance of Books | Mandatory | Mandatory | Advised (only if audit applicable) | Advised (only if audit applicable) |
Other Annual Compliances | Director KYC, DPT-3, MSME-1, etc. | Partner KYC (in some cases), Form 3 (LLP agreement filing) | Not required | Not required |
Penalty for Non-Compliance | High (ROC penalties, disqualification) | Moderate | Low | Low |
Ease of Compliance | ❌ Complex | ⚠️ Moderate | ✅ Simple | ✅ Very Simple |
Suitable For | Fundraising, start-ups, scaling | Professionals, SMEs with limited liability need | Traditional family businesses | Freelancers, solo business owners |
📝 Notes:
- LLP and Pvt Ltd are legally recognized separate entities, whereas partnership and proprietorship are extensions of the individual(s).
- Compliance increases significantly in Pvt Ltd due to corporate governance norms.
- Partnership and proprietorship are easier to manage but offer no limited liability protection.
✅ Conclusion
Running a Private Limited Company in India requires strict adherence to regulatory timelines and filings. Staying compliant:
- Builds company credibility
- Helps in fund raising and expansion
- Avoids penalties and legal troubles
It is advisable to use compliance software tools or engage a Company Secretary/CA to manage this efficiently.