MCA STARTED DISABLING THE DIN OF DIRECTORS WHO HAVE NOT FURNISHED THEIR PAN
MCA vide General Circular No. 4/2012, In continuation of General Circular Nos. 32/2011 dated 31.05.2011, 66/2011 dated 04.10.2011 and 70/2011 dated 15/12/2011 had extended the time limit of filing DIN-4 by DIN holders for furnishing PAN and to update PAN details upto 30.04.2012. And it was directed in that circular that “it is to be noted that if the same is not done, the Ministry may disable DIN and impose heavy penalty on person who fail to ensure the same.”
Now, DIN Cell has started de-activating the DIN of the Directors, who have not filed their DIN 4 by the last due date, in respect of non-updation of their PAN against their DIN and has started sending the letters to the Directors at their corresponding address intimating the de-activation of their DIN. In such cases, the company will not be able to file their Annual Returns or any other form with Registrar of Company.
HOW TO KNOW THAT DIN IS DISABLES, IF LETTER IS NOT RECEIVED
The Directors can check the status of their disable DIN on MCA Portal by clicking on “View Signatory Details.” The status of their de-activated DIN will be shown over the MCA portal as follows;
1. In view signatory details, there will be mark “##” after their DIN No.
2. The explanation in respect of “##” HAS BEEN SHOWN OVER THE PORTAL UNDER “##” mark is “DIN has been disables. View letter sent upon Disabling DIN”
3. Then enter the DIN No. in “DIN Approval Status” under the tab Director Identification No. on home page of MCA.
4. The status will be shown as follows:
DIN: Disabled and a link is given as “View letter sent upon disabling DIN”
5. After clicking over the link “View letter sent upon disabling DIN”, following format of letter will be displayed
HOW TO RE-ACTIVATE THE DIN
The directors can re-activate their DIN by filing DIN 4 with MCA along with the self attested PAN Card copy and the Affidavit on a stamp paper of Rs. 10 of the concerned state.
WHAT PROBLEMS MAY ARISE IF DIN 4 IS NOT FILED
The company will not be able to file any E Form with ROC and even will not be able to do annual filing if the DIN of any of director is disabled. Even the MCA may impose the heavy penalties, as per the General Circular No. 4/2012, over the Directors who will not update their PAN with MCA.
CS Mohit Saluja
Practicing Whole Time Company Secretary
2nd Floor, Malhotra Complex, Sehdev Market,
Ph. No. 9914558709