Section 8 Companies (Non-Profit Organizations or NGOs) in India enjoy numerous tax and regulatory benefits. However, to retain their active status and avoid penalties, these companies must meet a strict set of compliance requirements under various laws—Companies Act, Income Tax Act, GST, and FCRA (if applicable).
In this article, we’ll cover the complete annual compliance checklist for Section 8 companies, the consequences of non-compliance, and expert services available to help you stay compliant.
📋 What Is a Section 8 Company?
A Section 8 Company is registered under the Companies Act, 2013for charitable purposes such as education, healthcare, environment protection, or arts. It is a legaland tax-recognized form of NGO that does not distribute profits to its members.
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🗓️ Annual Compliance Requirements for Section 8 Companies
Below are the key filings and obligations a Section 8 company must fulfill every year:
🔹 ROC (Registrar of Companies) Compliance
Compliance Description Timeline ADT-1 Auditor Appointment
Within 15 days of AGM
AOC-4 Filing of Financial Statements
Within 30 days of AGM
MGT-7 / 7A Annual Return
Within 60 days of AGM
Board Meetings Minimum 2 per year
One in each half of the year
AGM Annual General Meeting
Within 6 months of financial year end
🔹 Income Tax Compliance
Compliance Description ITR Filing (Form ITR-7) Mandatory even if no income
Audit under Section 12A/12AB If registered as a charitable institution
Form 10B / 10BB Audit report under Income Tax
80G Reporting Form 10BD for donation receipts
🔹 TDS & TAN Compliance
If your NGO deducts TDS on salary, contractor payments, rent, etc.:
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Quarterly TDS Returns (Form 24Q/26Q)
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TDS Payment (Challan 281) by 7th of the following month
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Issue Form 16/16A to deductees
🔹 GST Compliance (If Applicable)
Applicable only if the company is registered under GST (usually if turnover exceeds ₹20 lakhs):
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Monthly/Quarterly GST Returns (GSTR-1, GSTR-3B)
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Annual GST Return (GSTR-9) if turnover > ₹2 crore
🔹 FCRA Compliance (If Foreign Donations Received)
Compliance Description FCRA Registration/Renewal Mandatory before accepting foreign funds
Annual Return (Form FC-4) Filed by 31st December each year
Quarterly Intimation If foreign contribution > ₹1 lakh per quarter
⚠️ Consequences of Non-Compliance
Failing to comply with statutory obligations can lead to:
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Revocation of Section 8 license
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Heavy penalties and late fees
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Disqualification of Directors
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Prosecution and imprisonment in serious cases
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Loss of tax exemption (12A/80G)
✅ Why Choose a Compliance Partner?
Managing multiple filings across different departments (MCA, Income Tax, GST, FCRA) can be time-consuming and complex.
At Akshay K Jain & Company, we offer end-to-end compliance support for Section 8 companies:
🔧 Our Services Include:
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Annual ROC Filings (ADT-1, AOC-4, MGT-7)
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Income Tax Return & Audit Filing (ITR-7, 10B, 10BD)
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TDS Compliance & GST Filings
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FCRA Return Assistance
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Maintenance of Statutory Registers
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Advisory on 12A, 80G & CSR
📞 Need expert help?
📧 Email: caakshayj@gmail.com
🌐 Website: www.caakshayjain.in
📱 Call/WhatsApp: +91-7379998666
🧠 FAQs
1. Is it mandatory for Section 8 companies to file an income tax return?
Yes, even if no income is earned, filing ITR-7 is mandatory.2. How many board meetings are required in a year?
At least two board meetings in a calendar year.3. Can a Section 8 company receive foreign donations?
Yes, but only after obtaining FCRA registration. -