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MCA RELAXES LEVY OF ADDITIONAL FEES IN THE FILING OF CERTAIN FORMS UNDER COMPANIES ACT

MCA RELAXES LEVY OF ADDITIONAL FEES IN THE FILING OF CERTAIN FORMS UNDER COMPANIES ACT

INTRODUCTION

In view of Covid-19 related limit and disruption, the Ministry of Corporate Affairs has decided to provide overtime Up to 31st July 2021 for companies, LLPs to file certain forms with no additional charge. MCA through a circular dated 3rd May 2021 announced that no additional charge will be levied up to July 31, 2021, for the delayed filing of forms which were is due for the period April 01, 2021, to May 31, 2021. The current article describes a given extension. Vide General Circular No. 11/2021 dated 30th June 2021 MCA has determined to furnish time beyond regulation as much as 31st August 2021 for filling of forms of Companies & LLPs due for filling during 1st April 2021 to 31st July 2021 other than charge forms without any additional fees. Accordingly, the due dates of DPT-3 & Form CFSS are extended to 31st August 2021.

LIST OF FORMS IN WHICH ADDITIONAL CHARGES WERE WAIVED OFF

S.NO.FORMSFORMS DESCRIPTION

1.

Form CHG-1Application for registration of creation, modification of charge (other than those to debentures)
2.Form CHG-9Form CHG-9 Application for alternative registration or modification of billing or restructuring of information submitted in respect of the creation or modification of debentures.
3.Form ADT-1Information to the registrar by the company for appointment of auditor
4.Form INC-22Notice of situation or change of registered
5.Form NDH-3Return of Nidhi Company for the half-year ended
6.Form FC-4The annual return of a foreign company
7.Form MSC-3Return of dormant companies
8.Form INC-27Conversion of a public company into a private company or a private company into a public company
9.Form NDH-2Application for extension of time
10.Form IEPF-3Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund

The relaxation regarding waiver of additional fees has been provided for the above-referred forms which are due for filing during a specific period of time only; consequently, the clarification (list of forms) needs to be referred along with its respective circular issued on 3rd May 2021. Special Note: Remaining forms having due dates between 01.04.2021 to 31.05.2021 shall not be allowed the benefit of waiver of additional fees up to 31.07.2021.

IMPORTANT ANNOUNCEMENT TO STAKEHOLDERS

MCA also informed that if any form which has been due for filing before 01st April 2021, is being filed now, then the same would continue to attract additional charges due to delays in filing, as the break is a grant for completing the filing forms to be filed from 1 April 2021 to 31 May 2021. In addition, it has been announced that changes as required by MCA-21 to make the above decision are made and participants will be notified accordingly by the same notice.

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Author:

Damini Nagar
Indore
B.A LLB from Indore institution of Law


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