DPT-3 || Return of Deposits || FY 2021-2022 || Last date to file: 30.06.2022 (Some FAQs)
Q1. Who needs to file form DPT-3?
A. Every Company including OPC and small companies need to file Form DPT-3, except for the following companies:
- Government Company
- Banking Company
- Non-Banking Financial Company (NBFCs) registered with RBI
- Housing Finance Company (HFCs) registered with the National Housing Bank
Q2. Why DPT-3 is required to be filed?
A. Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit (exempted deposits) or both by every company other than the companies mentioned above. Such deposits and exempted deposits that are outstanding as on 31.03.2022, needs to be reported.
Q3. What are deposits and exempted deposits?
A. The deposits are governed by the Companies (Acceptance of Deposits) Rules, 2014. Any transaction taken place as prescribed under Rule 2 (1) (c) of the Companies (Acceptance of Deposits) Rules, 2014 is treated as exempted deposits. Any receipt of money apart from the transactions mentioned in Rule 2 (1) (c) of the Companies (Acceptance of Deposits) Rules, 2014 are treated as deposits.
Few examples of exempted deposits: Loan from Bank/Financial institutions, Advance from customers, loan from a director of the company
Q4. How to file the form if the financial statements of the Company are not yet audited?
A. Form DPT-3 can be filed on the basis of unaudited financial statements. It should be kept in mind that figures so reported shall be in consonance with figures to be finalized.
Q5. Is auditor certificate mandatory for DPT-3?
A. Auditor certificate is not mandatory if the form is being filed for reporting exempted deposits. If reporting is to be done pertaining to deposits or both deposits and exempted deposits, then auditor certificate is a mandatory attachment to the form.
Q6. Is filing form DPT-3 an annual requirement?
A. Rule 16 to the Companies (Acceptance of Deposits) Rules, 2014 was inserted by the Companies (Acceptance of Deposits) Amendment Rules, 2019 Dated 22nd January 2019 stating that Every company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as may be prescribed.
Q7. What are the penal consequences for not filing form DPT-3?
A. Rule 21 of the Companies (Acceptance of Deposits) Rules, 2014 will be applicable for non-filing of Form DPT-3 as per which the company and every officer of the company who is in default shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first day during which the contravention continues.
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