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A Section 8 Company is a not-for-profit organization registered under the Companies Act, 2013, formed to promote charitable, religious, scientific, educational, or social welfare objectives. Despite being a non-profit entity, Section 8 companies must comply with annual legal requirements under several laws to maintain active status and avoid penalties.
This guide explains the annual compliances for Section 8 companies and NGOs in India under the Companies Act 2013, Income Tax Act 1961, GST, and Labour Laws (PF & ESI), along with due dates and penalties.
| Compliance | Description | Form | Due Date | Penalty |
|---|---|---|---|---|
| Board Meetings | Minimum 2 board meetings per year (unlike 4 for private companies) | Minutes maintained | Bi-annually | ₹25,000 for officer in default |
| Annual General Meeting (AGM) | Hold AGM to adopt financials, appoint auditor, and file reports | N/A | Within 6 months from FY end (before 30th Sept) | ₹1 lakh + ₹5,000/day for default |
| Annual Return Filing | File company’s annual return with ROC | MGT-7 | Within 60 days from AGM | ₹100/day |
| Financial Statements Filing | File audited financial statements | AOC-4 | Within 30 days from AGM | ₹100/day |
| Director KYC | Update KYC of directors | DIR-3 KYC | 30th September | ₹5,000 per director |
| Auditor Appointment/Re-appointment | Notify ROC of statutory auditor appointment | ADT-1 | Within 15 days of AGM | ₹300–₹600/day |
| Compliance | Description | Form | Due Date | Penalty |
|---|---|---|---|---|
| Income Tax Return (ITR-7) | Mandatory for all registered NGOs & Section 8 Companies | ITR-7 | 31st October (non-audit), 30th Sept (audit case) | ₹5,000–₹10,000 |
| Tax Audit (if applicable) | If total receipts exceed ₹1 crore | Audit Report | 30th September | ₹1,50,000 or 0.5% of turnover |
| TDS Returns (Quarterly) | Filing for TDS deducted on salaries, contractor payments, etc. | 24Q, 26Q | 31st July, 31st Oct, 31st Jan, 31st May | ₹200/day, ₹10,000–₹1 lakh |
| Compliance | Description | Form | Due Date | Penalty |
|---|---|---|---|---|
| Monthly/Quarterly GST Returns | Filing GSTR-1, GSTR-3B | GSTR-1, 3B | 11th & 20th of next month | ₹50/day |
| Annual GST Return | Yearly GST data filing | GSTR-9 | 31st December | ₹200/day |
Note: NGOs involved in commercial activity or crossing GST threshold must comply.
Non-compliance attracts:
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