Company Strike-Off for Non-Filing Under Section 248
Under Section 248 of the Companies Act, 2013, the ROC may strike a company off the register after it has not filed financial statements or annual returns for two consecutive financial years, and restoration requires an application to the NCLT.
Forms to check
Per-year AGM date overrides (2)
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Select at least one financial year and form above to compute exposure.
ROC Default & Penalty Exposure
Private Limited Company · Generated by PracticeFlow
| FY | Form | Due date | Days late | Penalty |
|---|
Total exposure: ₹0
Verify against the latest MCA notifications and confirm with a qualified CS/CA before relying on this figure. practiceflow.in/tools/roc-penalty-calculator
The trigger and the consequence
Two consecutive financial years of not filing financial statements or annual returns is the threshold at which a company becomes exposed to being struck off the register by the ROC under Section 248 — one year earlier than the three-year director-disqualification threshold under Section 164(2). At today's date, this level of default typically carries an accrued additional fee of roughly ₹51,200 on top of the strike-off exposure itself.
Strike-off removes the company from the register entirely — its name is dissolved, and its assets and liabilities are dealt with as provided under the Act. This is a materially harder-to-reverse outcome than the accruing fee: restoration requires an application to the National Company Law Tribunal (NCLT), not simply catching up on the missed filings.
Strike-off and disqualification are separate, compounding risks
A company at two years of default faces strike-off exposure at the company level; if that same default continues into a third year, the directors individually face disqualification under Section 164(2) as well — the two consequences stack rather than substitute for each other, and both can apply to the same company at the same time once the third year is reached.
Filing the outstanding returns before the ROC acts on Section 248 is the practical way to avoid strike-off — see our page on regularising a defaulting company for the sequence to follow.
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See PracticeFlow for CS FirmsEstimate for planning purposes, not legal or compliance advice — always confirm with a CS/CA before relying on any figure or consequence stated here.