In this editorial author discusses about DPT-3. DPT-3 is annual return which is required to be filed  every year by Companies having any amount of loan or advances as on 31st March within 90 days of end of financial year i.e. upto 30th June.

Q 1. What are the objectives of e-Form DPT-3?

Ans. The objectives of the form is to file information with Registrar of Companies about Loans, Deposits and Advances at the end of financial year.

Q 2. What are the due dates of filing Forms DPT-3?

Ans. Every Company to which Companies (Acceptance of Deposits) Rules, 2014 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 provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the Company. 

Q 3. What is the basic functionality behind e-Form DPT-3?

Ans. The e-form DPT-3 is a dynamic form which works on the basis of radio button selected by the user.

Q 4. In which cases auditor’s certificate is mandatory to be attached?

Ans. Auditor’s certificate is mandatory only in the case when a return of deposit is filed, i.e. when the radio button two or four is selected.

Q 5. Is the e-Form DPT-3 required to be certified by a professional?

Ans. No.

Q 6. Is this an STP form?

Ans. No, e-Form DPT-3 is not an STP form and will have to be approved by the concerned Registrar.

Q 7. What is the applicability of e-Form DPT-3?

Ans. This form is applicable on all companies except:

  • a government company
  • a banking company
  • a non-banking financial company registered with the Reserve Bank of India
  • a housing finance company registered with the National Housing Bank established under the National Housing Bank Act, 1987

However, insurance companies are registered with IRDA, so the obligation to file DPT-3 is also applicable on them.

Q 8. How many forms have to be filed by the company?

Ans. In case the company has receipts covered under the definition of deposit then only one return is required to be filed.

In case the company has receipts which are not considered deposits as per Rule 2 (1) (c), the company needs to file two returns.

Q 9. What to do if the object clause prefilled is not matching with the object of the company?

Ans. This is due to the reason that the objects clause is not in sync with the MGT-7 and it is picked on the basis of the CIN of the company.

As per the discussion, stakeholders are advised not to raise tickets in this regard and ignore what is being prefilled.

Q 10. If the company does not have any outstanding amount as on 31st March, 2019, is the e-Form DPT-3 required to be filed?

Ans. No, company does not have to file any return.

Q 11. If the company is newly incorporated, what figures does it have to fill in the form?

Ans. If no audited accounts are available for the previous year file the form with unaudited figures.

Q 12. Is the interest along with the principal amount of the loan to be reported?

Ans. If the interest amount is outstanding as on 31st March, 2019, then yes it also has to reported as a consolidated figure with the principal amount under the respective head.

FAQs on DPT-3 – Prepared by Author

S. No Questions Answer
1.        Whether Auditor Certificate Required in One Time Return? As per instruction Kit, In case of only non deposit amount there is no need to attach Auditor Certificate.
2.        Whether Nil return required filing in both cases? As per webinar of MCA, there is no need to file e-form DPT-3 for NIL Return either one time or Annual both.
3.        In which column, loan received from Shareholders shall be mention in case of private limited Company Amount receive from shareholder shall be mention in collum No 9 & 10 i.e. Deposit.

Loan from shareholder shall be considered as Deposit.

4.        Whether amount of loan along with accrued interest need to mention in DPT-3 Yes amount of loan along with accrued interest need to mention in e-form DPT-3.
5.        Whether DPT-3 required being file by NBFC Company? As per Act, Deposit rules not applicable on NBFC Companies therefore no need to file DPT-3 for NBFC Companies.
6.        Which date Company need to mention in Colum No. 7 “Date of last closing of accounts” Date of closing of account shall be 31st March, 2019.
7.        Which financial statement shall be considered while mentioning Net worth in the form? As per DPT-3 “Net Worth as per the latest audited balance sheet”

Therefore, if Balance sheet of 31.03.2019 is Audited then figure of 31.03.2019. However, if Financial of 31.03.2019 not audited then figures as per financial statement as on 31.03.2018 need to mention in form.

8.        In which column loan received from NBFC shall be required to mention. The same required to mention in collum No. 15(c)(i)
9.        If Company taken OD facility from Bank then  in which category same required to mention. The same required to mention in collum No. 15(c)(i)
10.    In one time return, Company have to consider amount received before 01.04.2014 or not? As per language of Rule 16A, Rule states about outstanding amount as on 31.03.2019.

Therefore, one can opine that outstanding as on 31.03.20196 required to mention in one time form.

11.    In case of Company having only non-deposit entries then which remote button required to select in DPT-3 In such case Remote Button 3 required to select

“Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014”

 

12.    If private company having loan from both directors and shareholders then which remote button required selecting in DPT-3? In such case Remote Button 4 required to select

“Return of Deposit and Particulars of transactions by a company not considered as deposit”.

In this case “Auditor Certificate” is mandatory to attach.

13.    If objects in column 6 are not as per MOA. What is solution for same? Raise ticket on MCA. In case ticket not get resolved can do the following:

Attach copy of MOA along with clarification letter in the form.

14.    Whether Auditor Certificate required from Statutory Auditor or any other auditor will also work? Certificate in DPT-3 must be obtained from the Statutory Auditor of the Company.
15.    If Companies fails to file e-form DPT-3 within due date. Whether companies need to pay additional fees. Yes in such case companies are required to make payment of additional fees on the same.

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

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