The Ministry of Corporate Affairs has issue e-form DPT-3 w.e.f. 01st May, 2019. In this article author compiles check list for filing of e-form DPT-3
3. Purpose of form:
|S. No.||Purpose of Form||Applicability|
|1.||Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014||In case of filing of One time Return – This point have to Select||Column No.14|
|2.||Return of Deposit||In case Company accepted Deposit as per Section 73- Practically Only Public Company can accept Deposits||Column No. 9-12|
|3.||Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014||In case Company has not accept deposit. However, having Loans or receiving’s which not deposits are.
e.g loan from Bank, another Company, loan from directors owned fund etc.
|4.||Return of Deposit and Particulars of transactions by a company not considered as deposit
|If company having deposit and loan other then deposit both then have to select this option.||Column No. 9-12 & 15|
However, After Click on applicable option from above 4, form will give other option to fill details.
8. Net Worth of Company:
Net Worth as per the latest audited balance sheet preceding the date of the return
As per language of e-form DPT -3 “Net Worth as per the latest audited balance sheet preceding the date of the return”.
Ground of Discussion:
As per Companies Act, 2013 Company have to circulate audited financials with share holders at the time of AGM. There is no provision which restricting the company to get audit till 30th June.
However, as per Rule 16 Every company….. file with the Registrar, a return in Form DPT-3……. furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.
Therefore, one can opine that it is very clear by language of Law that figures of Net worth calculation should be audited by the Auditor of company as on 31st March.
e.g. DPT-3 filed for 31st March, 2019 then audited net worth figure should be related to date 31st March, 2019.