Due to this pandemic situation every person is limited with resources either in the terms of funds or in terms of compliance, so in this pandemic situation, to boost the entrepreneur and to encourage him the government comes forward and introduce an one time late fees waiver for all the previous returns in which Company is in default.
Now Govt. vides its Ministry of Corporate affairs circular No.11 dated 24.03.2020 introduce one time late fees waiver and allow to file all its pending annual return irrespective of the default time with normal fees.
The government vides its circular provide following relief:
No additional fees shall be charged for late filing during a moratorium period from 01st April to 30th September 2020, in respect of any document, return, statement etc., required to be filed in the MCA-21 Registry, irrespective of its due date, which will not only reduce the compliance burden, including financial burden of companies, but also enable long-standing noncompliant companies to make a fresh start.
Through this circular government gives a moratorium period from 01.04.2020 till 30.03.2020 and during this moratorium period Company can take an advantage and can file all its pending annual return without payment of any additional fees.
In continuation with Circular 11 government notified a detailed noted on the late waiver scheme vide its circular No.12 dated 30.03.2020 and through this circular a detailed note on the scheme explain which is mentioned below:
Importance of this scheme
Companies Act, 2013 requires all companies to make annual statutory compliance by filling the Annual return form through MGT 7 and AOC 4 normally and these annual return shall be filed on time otherwise a huge penalty shall be levied by the government in case of delay filing. Now there are many companies which fails to file their pending return on time and when they notice about the same the additional fees coming in lakhs, now to give the relaxations and also provide an one time waiver to the entrepreneur to complete all its pending return by paying only the normal fees without payment of any additional fees. Through this scheme the additional fees has been waived by the government and now the entrepreneur shall required to pay only normal fees.
Applicability of this scheme
The said scheme shall be started from 01.04.2020 and ends with 30.09.2020 i.e. if any Company files any form during this period irrespective of its due date than the Company shall required to pay only the normal fees without paying any additional fees.
The scheme grants only the waiver of late fees and shall not make the default good if committed by the Company in any manner ex. As per the relevant rules, the company shall not required to use the application money until and unless the return of allotment in PAS 3 filed before the Registry, now through this scheme Company will get waiver of only additional fees coming at the time of filing of PAS 3 but the Company can be prosecuted for making the use of the money before filing of the form as mentioned in the relevant section.
Waiver Vs Immunity
A big confusion comes into the mind that if Company has filed all its pending return than Company was immune and government will not show cause them for late filing but government makes it very clear in this scheme that to get the immunity every defaulting Company shall file before the government for the immunity certificate and once the government approved the same than only the immunity will be provided by the government.
For immunity, every defaulting Company shall after the closure of this scheme (i.e. 30.09.2020) apply before the government for the immunity certificate and once the immunity certificate granted by the government than only Company will be immune for any show cause in future for any late filing.
The Company shall also make sure that before filing any immunity, Company has to withdraw any appeal against any notice issued or complaint filed before a competent court or authority.
There are certain lists of forms which are covered under this scheme and the forms which are covered are mentioned below:
LIST OF FORMS-CFSS,2020 & LLP MODIFIED SETTLEMENT SCHEME 2020
|S.No.||Act||Form No.||Form Description|
|1||CA 1956||20B||Annual Return.|
|2||CA 1956||21A||Annual Return for company having no share capital.|
|3||CA 1956||23B||Notice by Auditor.|
|4||CA 1956||23C||Appointment of Cost Auditors.|
|5||CA 1956||23D||Information by Cost Auditor to Central Government.|
|6||CA 1956||23AC||Filing Balance Sheet and other
documents with the Registrar
|7||CA 1956||23AC- XBRL||Form for filing XBRL document in respect of Balance Sheet and other documents with the Registrar.|
|8||CA 1956||Form 66||Form for submission of Compliance
|9||CA 1956||I-XBRL||Form for filing XBRL document in respect of Cost Audit Report and other documents with the Central Government.|
|10||CA 1956||A-XBRL||Form for filing XBRL document in respect of compliance report and other documents with the Central Government.|
|11||CA 2013||INC-4||Intimation for Change in Member/Nominee.|
|12||CA 2013||INC-5||One Person Company-Intimation of
|13||CA 2013||INC-6||One Person Company–Application for
|14||CA 2013||INC-12||Application for grant of License under section 8.|
|15||CA 2013||INC-20||Intimation to Registrar of revocation/surrender of license issued under section 8.|
|16||CA 2013||INC-20A||Declaration for Commencement of Business.|
|17||CA 2013||I NC-22||Notice of Situation or Change of situation of Registered Office of the Company.|
|Active Company Tagging Identities and Verification (ACTIVE).|
|19||CA 2013||INC-27||Conversion of Public Company into Private Company or Private Company into Public Company|
|20||CA 2013||INC-28||Notice of Order of the Court or Tribunal or any other competent authority.|
|21||CA 2013||PAS-3||Return of allotment.|
|22||CA 2013||SH-11||Return in respect of Buy-Back of securities.|
|23||CA 2013||DPT-3||Return of Deposits.|
|24||CA 2013||DPT-4||Statement regarding deposits existing on the commencement of the Act.|
|25||CA 2013||MGT-6||Return to the Registrar in respect of declaration under section 89 received by the company.|
|26||CA 2013||MGT-7||Annual Return.|
|27||CA 2013||MGT-1 0||Changes in shareholding position of
promoters and top ten shareholders.
|28||CA 2013||MGT-14||Filing of Resolutions and agreements to the Registrar under section 117.|
|29||CA 2013||MGT-15||Form for filing Report on Annual General Meeting.|
|30||CA 2013||AOC-4||Form for filing Financial Statement and other documents with the Registrar.|
|31||CA 2013||AOC-4 CFS||Form for filing Consolidated Financial Statements and other documents with the Registrar.|
|Form for filing XBRL document in respect of Financial Statement and other documents with the Registrar.|
|Form for filing Financial Statement and other documents with the Registrar for NBFCs.|
|34||CA 2013||AOC-4 CFS
|Form for filing Consolidated Financial Statements and other documents with the Registrar for NBFCs.|
|35||CA 2013||AOC-5||Notice of address at which books of account are maintained.|
|36||CA 2013||ADT-1||Information to the Registrar by company for appointment of auditor.|
|37||CA 2013||ADT-2||Application for removal of auditor(s) from his/their office before expiry of term.|
|38||CA 2013||ADT-3||Notice of Resignation by the Auditor.|
|39||CA 2013||DI R-3C||Intimation of Director Identification Number by the company to the Registrar.|
|Application for KYC of Directors.|
|41||CA 2013||DIR-11||Notice of resignation of a Director to the Registrar.|
|42||CA 2013||DIR-12||Particulars of appointment of Directors and the Key Managerial Personnel and the changes among them.|
|43||CA 2013||MR-1||Return of appointment of Key Managerial Personnel.|
|44||CA 2013||MR-2||Form of Application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to Directors.|
|45||CA 2013||FC-1||Information to be filed by Foreign Company.|
|46||CA 2013||FC-2||Return of alteration in the documents filed for registration by Foreign Company.|
|47||CA 2013||FC-3||Annual accounts along with the list of all principal places of business in India established by Foreign Company.|
|48||CA 2013||FC-4||Annual Return of a Foreign Company.|
|49||CA 2013||NDH-1||Return of Statutory Compliances.|
|50||CA 2013||NDH-2||Application for extension of time.|
|51||CA 2013||NDH-3||Return of Nidhi Company for the half year ended.|
|52||CA 2013||NDH-4||Application for declaration as Nidhi Company and for updation of status by Nidhis.|
|53||CA 2013||MSC-1||Application to ROC for obtaining the status of dormant company.|
|54||CA 2013||MSC-3||Return of dormant companies.|
|55||CA 2013||CRA-2||Form of Intimation of appointment of Cost Auditor by the company to Central Government.|
|56||CA 2013||CRA-4||Form for filing Cost Audit Report with the Central Government.|
|57||CA 2013||BEN-2||Return to the Registrar in respect of
declaration under section 90.
|58||CA 2013||GNL-2||Form for submission of documents with the Registrar.|
|59||CA 2013||GNL-3||Particulars of person(s) or key managerial personnel charged or specified for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2.|
|60||CA 2013||IEPF-1||Statement of amounts credited to the Investor Education and Protection Fund.|
|61||CA 2013||IEPF-2||Statement of unclaimed or unpaid amounts.|
|62||CA 2013||IEPF-3||Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund.|
|63||CA 2013||I EPF-4||Statement of shares transferred to the
Investor Education and Protection Fund.
|64||CA 2013||I EPF-5 e-
|Application to the authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF)–E-verification report.|
|65||CA 2013||I EPF-6||Statement of unclaimed or unpaid amounts to be transferred to the Investor Education and Protection Fund.|
|66||CA 2013||I EPF-7||Statement of amounts credited to IEPF on account of shares transferred to the fund.|
Imp Note: When the scheme was introduced initially the form related to charges was not covered under this scheme but several representation made before the government for charge related forms and after several representations government vides its circular No.23/2020 dated 17.06.2020 gives certain relaxations on charge related forms and the said circular is available and dealt separately at https://taxguru.in/company-law/mca-relaxes-time-file-forms-creation-modification-charges.html
Non applicability of the scheme:
The scheme shall not apply:
1. to companies against which action for final notice for striking off the name u/s 248 of the Companies Act, 2013 has already been initiated by the designated authority;
2. where any application has already been filed by the companies for action of striking of the name of the Company from the register of companies;
3. to companies which have amalgamated under a scheme of arrangement or compromise under the Act;
4. where application have already been filed for obtaining Dormant status under Section 455 of the Act before this scheme;
5. where any increase in authorized capital is involved (E form SH 7);
6. Charge related documents (but certain relaxations has been given in charge related forms vide circular No.23 dated 17.06.2020.
After a long time government came with such a fresh start scheme where a defaulting Company need not to pay any additional fees and also there is no fees for the form CFSS whereas an amount of Rs.30000 was charges by the government in its last scheme which was introduced by the name of CODS but this time government will not charge any amount for filing such CFSS form.
Accordingly to take the advantage an entrepreneur shall come forward and make their compliances good by filling all its pending return without any additional fees during such moratorium period.
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