Company Law Fresh Settlement Scheme
Question: Whether the e-Form CFFS-2020 required to be filed for the forms which have been filed within due dates during the vouge of the scheme?
Ministry of corporate Affairs (MCA) had in the circular dated 24 March, 2020, provides for a moratorium on delay in filing of form till September 30, 2020 and later has come with detailed scheme i.e. Company Law Fresh Settlement Scheme, 2020 as on March 30, 2020 which overrides the moratorium circular.
After issuance of CFSS, moratorium circular doesn’t have any existence.
As per CFSS, if a Company fails to file any e-form within the due date, then such Company can file such e-forms without any additional fees under CFSS till September 30, 2020. However, under CFSS, there is one additional Compliance which a Company have to abide by i.e. Filing of a CFFS form.
Applicability for filing CFSS Form– If a Company files the e-Form after the due date then such Company have to file one CFSS form within a period between October 1, 2020 to March 31, 2021
Therefore, one can opine that the e-Form CFSS has to be file only if there is any overdue filing done during the vogue of the Scheme i.e. only in case of filings done after due date.
For example- The last date for filing DPT-3 is June 30,2020 and the form are filed before June 30, 2020, then there is no need to file the e-Form CFFS-2020. The need to file the form arises in case the e-Form DPT3 is filed after June 30,2020.
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Is a company required to file Form CFSS inrespect of DIR- 3KYC Web Service after due date i.e., 30.09.2020?