Penalties Section 92(5) Companies Act — Penalty for Non-Filing of Annual Return (MGT-7)
Section 92(5) Companies Act — Penalty for Non-Filing of Annual Return (MGT-7)
Companies Act 2013 — 92(5)
Company: ₹10,000 + ₹100/day continuing default (max ₹2,00,000). Officer in default: ₹10,000 + ₹100/day (max ₹50,000). Additional ROC filing fee under s.403 applies separately.
The Penalty
Company ₹10,000 + ₹100/day; officer ₹10,000 + ₹100/day
- Cap
- Company ₹2,00,000; officer ₹50,000
- Calculation base
- Days after 60-day window from AGM date
- Period
- Continuing default until MGT-7 filed.
When does this apply?
Failure to file MGT-7 within 60 days of AGM.
Calculate this amount
This estimate applies only the rate and caps published in the authored rule for this page.
₹0
Worked examples
| Scenario | Calculation | Result |
|---|---|---|
| MGT-7 filed 100 days late — company penalty | ₹10,000 + (₹100 × 100) = ₹20,000 | ₹20,000 |
| Full delay to statutory cap | Company caps at ₹2 lakh | ₹2,00,000 |
How it is levied
ROC adjudication under s.454 following decriminalisation by Companies (Amendment) Act 2020. Additional filing fee u/s 403 applies over and above this penalty.
⚠ VERIFY
Confirm the current quantum has not been re-amended; the Companies (Amendment) Act 2020 substituted the earlier penalty regime.