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.

Companies fresh start schemes, 2020

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
Certificate.
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
exceeding threshold.
13 CA 2013 INC-6 One Person Company–Application for
Conversion.
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.
18 CA 2013 INC-
22A(ACTIV
E)
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.
32 CA 2013 AOC-
4(XBRL)
Form for filing XBRL document in respect of Financial Statement and other documents with the Registrar.
33 CA 2013 AOC-4
(NBFC)
(IND-AS)
Form for filing Financial Statement and other documents with the Registrar for NBFCs.
34 CA 2013 AOC-4 CFS
(NBFC)
(IND-AS)
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.
40 CA 2013 DIR-3
KYC/Web
form
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-
verification
report
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.

The author is available at +91-9992693555, 0124-4007548 or mails us at sdeepak.cs@gmail.com.

Disclaimer –This article is for the purpose of information and shall not be treated as solicitation in any manner and for any other purpose whatsoever. The entire contents of this document has been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore users of this information are expected to refer to the relevant existing provisions of applicable Laws. The users of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. In no event i shall be liable for any direct, indirect, special or incidental damage resulting from, arising out of or in connection with the use of the information.

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