ICSI request MCA for considering granting exemption from delayed filing fee for DIR 3KYC for the directors resident in the UT of Jammu and Kashmir and UT of Ladakh.

THE INSTITUTE OF
Company Secretaries of India
IN PURSUIT OF PROFESSIONAL EXCELLENCE

MCA: 2/11:2019

11 November 2019

Shri Injeti Srinivas, IAS
Secretary
Ministry of Corporate Affairs
Government of India
Shastri Bhawan
New Delhi -110011

Subject: Exemption from delayed filing fee for DIR-3 KYC by directors residing in the Union Territories of Jammu and Kashmir and of Ladakh

Sir,

In terms of the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014 (the Rules), every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year shall, submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th September of immediate next financial year.

As per the second proviso to Rule 12A of the Rules where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year, it shall be deemed to be compliance of the provisions of this rule for the said financial year.

The last date for submitting form DIR-3 KYC for the financial year ending on 31st March 2019 was on or before the 14th October, 2019. The fee for form DIR-3 KYC for delayed filing is Rs. 5,000.

In this regard, we wish to submit that filing of DIR-3 KYC requires telephone and internet connectivity for generation of OTP. As you are kindly aware that the Union Territories (UT) of Jammu & Kashmir and of Ladakh was impacted in terms of telephone and internet during the month of August, September and October, 2019. Due to the said reason, many of the directors from the UT of J & K and Ladakh could not file form DIR-3 KYC in time which has resulted in delay in filing of form DIR-3 KYC with delayed filing fee of Rs. 5000 for the reasons beyond their control.

Also, the Central Board of Direct Taxes on consideration of reports of disturbances in internet facility in Jammu and Kashmir and Ladakh, has further extended the due date for filing of flits and tax audit reports in respect of all categories of income tax assesses in the UT of Jammu and Kashmir and UT of Ladakh to November 30, 2019.

In view of the above, we request your goodself for considering granting exemption from delayed filing fee for DIR 3KYC for the directors resident in the UT of Jammu and Kashmir and UT of Ladakh.

We shall be pleased to provide any further information or clarification in this regard on hearing from your goodself.

Thanking You,

Yours Faithfully,

(CS Ashok Kumar Dixit)
Officiating Secretary

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