Karnataka State Chartered Accountants Association has requested for Request for Extension of Companies Fresh Start Scheme i.e. CFSS 2020 and LLP Settlement Scheme 2020 to 31st March 2021 considering genuine hardships which have arisen due to Technical issues with MCA 21. Full Text of their representation is as follows:-

KARNATAKA STATE
CHARTERED ACCOUNTANTS ASSOCIATION (R.)

Date: 2nd January, 2021

To.

Smt. Nirmala Sitharaman
Hon’ble Minister or Finance & Minister of Corporate Affairs,
15, Safdarjung Road
New Delhi – 110001

Hon’ble Madam,

Subject- Request for Extension of Companies Fresh Start Scheme i.e. CFSS 2020 and LLP Settlement Scheme 2020

The Karnataka State Chartered Accountants Association (in short ‘KSCAA) is an association of Chartered Accountants, registered under the Karnataka Societies Registration Act, in the year 1957. KSCAA is primarily formed for the welfare of Chartered Accountants and represents before various regulatory authorities to resolve the problems faced by chartered accountants and business community.

We congratulate and applaud the efforts of Ministry of Corporate Affairs, Government of India for introducing CFSS 2020 with a view to bestow a chance to all the Companies to complete their pending compliances without the requirement of paying additional fees and penalty, and also to provide immunity from prosecution. This Is a major step in the right direction from the Government which provides an excellent opportunity for all the Companies to regularize their pending compliances and to make a fresh beginning with a clean slate in the statutory compliances as required under Companies Act. 1956 and Companies Act. 2013. The said CFSS 2020 was In operation from 01-04-2020 to 31-12-­2020 (As per General Circular No. 12/2020, dated 30-03-2020 and General Circular No. 30/2020 dated 28 September. 2020). We would like to convey our sincere gratitude to your good selves for cognizing the Covid-i9 pandemic situation in the country and positively responding to our earlier representation by providing an extension of CFSS 2020 from earlier last date of 30-09-2020 to new last date 31-12-2020.

Perhaps your good selves may be aware that during last few days of the last date 31-12­-2020 for CFSS 2020. professionals and companies all over the country have faced severe technical problems in the operation of MCA Portal while filing necessary forms which had handicapped all of them from timely completion the various compliances covered by CFSS 2020. The kinds of problems faced on the MCA portal include login errors, auto. logouts. payment failures. and a very slow response from the MCA Portal. These technical problems were completely unforeseen & unprecedented and as a result of which, many of professionals/companies could not file the forms under the scheme despite having kept all documentation ready for submission.

Furthermore, the c-Form MGT-7. being the annual return as prescribed u/s 92 of the Act was revised by MCA and the same was provided on the MCA portal on the very last day of CFSS 2020 that is on 31st December, 2020. This had further added to the prevailing trouble situation and has made it literally difficult for many professionals/companies to work on the revised form as they have already spent enormous resources on the erstwhile form and the same kept ready for submission to MCA and they have wen lea absolutely little time to re-work on the updated revised form.

In any other normal year, the due dates for Income Tax filings, GST Audit filings, GST Annual filings and MCA related filings would fall on different dates. However. in this pandemic year, all the above four Ming dates have fallen due on the same date i.e. 31-12­-2020. This was further compounded by the fact that many of the professionals, employees of the clients, and employees of the Chartered Accountant offices were restricted from office duty due to lockdown restrictions during the period between March 31st 2020 and December 31st 2020, which varied across different cities and States. It Is being duly noted, that for the upload of the MCA related filings. physical presence of the DSC holders and office computer resources are mandatorily required. The lockdown restrictions and restrictions of people movement were also removed only In the last 2 months starting from November 1st 2020. So, while In theory, there was a 9 month period for completing the various filings, however In fact most of the Professional’s offices were left effectively with only two months of viable period where they could operate their offices with limited resources.

As the late filing fees applicable for various non-compliances covered by CFSS 2020 on or before 31-12-2020 runs in to extremely huge sums which would be an unbearable burden for companies especially in segments namely micro, small and medium who are already under tremendous financial stress due to Covid-19 pandemic, we therefore hereby sincerely urge your good selves not to penalize companies who were willing to complete the pending compliances on or before 31-12-2020, but for technical problems on the MCA portal could not complete the same. As Also, albeit the situation of Covid-19 pandemic has subsided a little, it is still not completely gone and the related fear factor Is still prevalent and continues to impact the normal operations of many companies in the country and thus many of those companies are although willing to complete the pending non-compliances by availing this amnesty scheme under CFSS 2020 but are unable to do so as their business operations are still on normal track

In view of genuine hardships which have arisen due to Technical issues with MCA 21 Portal as explained In the foregoing paragraphs, we at Karnataka State Chartered Accountants Association on behalf of Fellow Professionals and Companies hereby request your good selves to kindly consider our request and extend the validity of the CFSS 2020 at least by 3 months until 31st March, 2021.

We also request your good selves to please provide a similar relief to LLPs who are covered under LLP Settlement Scheme 2020 by General Circular 13/2020, dated 30th March, 2020, General Circular No. 31/2020 dated 28th September, 2020 and General Circular No. 37/2020 dated 9th November, 2020.

Yours sincerely.

For Karnataka State Chartered Accountants Association

CA. Kumar S Jigajinni President CA. Pramod Srihari Secretary CA. Ganesh V Shandage Chairman Representation Committee

Cc to:

1. The Secretary, M inistry of Corporate Affairs, Government of India, Shawl Bhawan, Dr. Rajendra Prasad Road. New Delhi – 110001

2. Registrar of Companies, E Wing, 2nd Floor, Kendriya Sadan, Kormangala, Bengalum, Karnataka – 560034.

Download Representation in PDF Format

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Also Read:-

S. No. Date Association Particulars with link
1 9 Dec 2020 Western Maharashtra Tax Practitioners Extend due dates of Tax Audit & ITR for AY 2020–21
2 12 Dec 2020 Gujarat Sales Tax Bar Extend GSTR-9/9A/9C due date for FY 2019-20 to 30/06/2021
3 12 Dec 2020 Chamber of Tax Consultants Extend due dates for Tax/Transfer Pricing Audit & ITR for AY 2020-21
4 12 Dec 2020 Tax Practitioner’s Association, Indore Extend due dates for filing Tax/TP Audit Report & ITR for AY 2020-21
5 14 Dec 2020 AGFTC, ITBC and CAA Extend due dates of Tax Audit Reports/ITR for A.Y. 2020-21
6 15 Dec 2020 BCAS, CAA (Ahmedabad), CAA (Surat), KSCAA & LCAS Request to Extend Due dates under GST & Income Tax
7 15 Dec 2020 Tax Bar Association, Bhilwara Request to extend Due Date of filing of Tax Audit & ITR
8 15 Dec 2020 Direct Taxes Professionals’ Association, Kolkata Extend due date of ITR & Tax Audit for AY 2020-21
9 16 Dec 2020 Lucknow CA Tax Practioners’ Association Extend Due date for filing Tax Audit Report & ITR
10 16 Dec 2020 Jamshedpur Chartered Accountants Extend Due Date of filing Tax Audit & ITR to 31.03.2021
11 13 Dec 2020 Direct Taxes Committee of ICAI ICAI requests for extension of various Income-tax due dates
12 10 Dec 2020 Udaipur Tax Bar Association Further extend due dates of ITR & Tax Audit Reports for FY 2019-20
13 15 Dec 2020 CA Social Affiliation (CASA) Extend Tax/TP Audit Report & ITR filing due date for AY 2020-21
14 19 Dec 2020 Chartered Accountants Association, Jalandhar Extend Due Dates for Tax Audit and Income Tax Return Filing
15 19 Dec 2020 All India Federation of Tax Practitioners (CZ) Request for extension of due dates of Tax Audit Reports/ITR
16 19 Dec 2020 Vyyapaar Mandal Association, Nagore & AIMTPA Extended Income Tax & GST Audit/Return/Compliance dates
17 17 Dec 2020 Emerging Businesses Chamber Of Commerce Extend due dates for Income Tax Audit & Returns for AY 2020-21
18 Dec 2020 The Uttar Pradesh Tax Bar Association Representation for Extension of time for Tax Audit & Return
19 19 Dec 2020 Tax Bar Association, Guwahati Extend Tax Audit/ITR due dates for AY 2020-21
20 21 Dec 2020 Tax Bar Association, Guwahati Extend due dates of GSTR-9/ GSTR-9C for FY 2018-19 & 2019-20
21 17 Dec 2020 Karnataka State Chartered Accountants Association Waive Late Fees for Delayed Filing of GST Returns
22 15 Dec 2020 Direct Taxes Professionals’ Association Extend Vivad Se Vishwas Scheme due date to 15.03.2021
23 15 Dec 2020 Direct Taxes Professionals’ Association Extend due date of AGM to 31st March 2021
24 15 Dec 2020 Association of Tax payers & Professional, Agra Extend due of GSTR-9, GSTR-9A & GSTR-9C
25 08 Dec 2020 Tax Bar Association (Regd), Allahabad Extend due date of ITR/Tax Audit/GSTR-9/GSTR-9C
26 08 Dec 2020 Tax Consultant & Practitioners Association of Kerala Extend due of ITR, GSTR 9, 9A & 9C for FY 2018-19 & 2019-20
27 21 Dec 2020 Tax Bar Association, Guwahati Extend CFSS 2020 & LLP Settlement Scheme 2020 to 31.03.2021
28 22 Dec 2020 Income Tax Bar Association, Lucknow Extend Time for filing ITR & Audit Report for A.Y 2020-21
28 22 Dec 2020 53 GST and Trade Associations 53 Associations requests Extension for GSTR 9, 9A & 9C
29 16 Dec 2020 Chandigarh Chartered Accountants Taxation Association Extend Income Tax & GST Return & Audit due dates
30 22 Dec 2020 Bhayander CA Social Group Request to extend Due date of Annual GST Return & Audit
31 22 Dec 2020 Luminaires Accessories Components Manufacturers Association Extend due dates for Tax Audit & Income Tax Return filing for AY 2020-21
32 22 Dec 2020 All Professionals, Tax Payers and Stakeholders Open letter for extension of Due dates under Income Tax and GST
33 22 Dec 2020 Punjab Accountants Association Extend due date for filing ITR & Tax Audit Report- AY 2020-21
34 22 Dec 2020 Bhayander CA Social Group Extend Income Tax Audit & ITR Due dates for AY 2020-21
35 23 Dec 2020 The Tax Bar Association, Odisha Extend due dates of Audit Reports, ITRs, GST Returns, VSV Scheme
36 21 Dec 2020 Sales Tax Bar Association, Delhi Extend Tax/TP Audit & ITR Due dates for AY 2020-21
37 23 Dec 2020 Direct Taxes Professionals’ Association Extend Income Tax, Companies & CGST Act compliance due dates
38 24 Dec 2020 ICSI Extend due dates of CFSS, LLPSS, Charge Forms, Meetings
39 24 Dec 2020 All Odisha Tax Advocates Association Extend due date for filing TAR/ITR/GSTR9/9A/9C
40 25 Dec 2020 BJP Economic Cell, Rajasthan Extend Income Tax, GST, LLP, Company Law due dates
41 23 Dec 2020 Hyderabad Chartered Accountants’ Society Extend Due date under GST and Income Tax
42 22 Dec 2020 A. P. Tax Bar Association, Vijayawada Extend date of filing of GSTR 9, GSTR 9C and IT returns
43 03 Jan 2021 National Company Law Tribunal Bar Association Representation for further extension of CFSS 2020
44 25 Nov 2020 Merchants Chamber of Uttar Pradesh Request for extension of Company Fresh Start Scheme 2020
45 04 Jan 2021 Adv. Anuj Bhatt Request to President to take Suo-Moto cognizance of GST Issues
46 03 Jan 2021 The Chamber of Tax Consultants Extend Income-tax due dates with humane approach
47 01 Jan 2021 WMTPA Highly Disappointing GST Audit Due Date Extension
48 01 Jan 2021 The A.P. Tax Bar Association, Vijayawada Extend due date of Form GSTR 9 and 9C for year 2018-19
49 06 Jan 2021 Chartered Accountants Association, Surat.
50 06 Jan 2021 ICAI ICAI request for further extension of TAR/ITR due dates
51 08 Jan 2021 All India Federation of Tax Practitioners AIFTP request for further extension of Income-tax due dates
52 08 Jan 2021 Direct Taxes Professionals’ Association Further extend Income Tax Return & Audit due dates
53 9 Jan 2021 Calcutta Citizens’ Initiative Extend due dates of TAR/ITRs/VSV Scheme for AY 2020-21
54 8 Jan 2021 Digvijaya Singh, Member of Parliament, (Rajya Sabha) Extend due dates under CA 2013, CFSS & LLPS Scheme 2020
55 2 Jan 2021 Karnataka State Chartered Accountants Association

Extend CFSS 2020 & LLP Settlement Scheme to 31.03.2021

55 26 Nov 2020 Karnataka State Chartered Accountants Association
57 8 Jan 2021 All Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court)
58 10 Jan 2021 All India Joint Representation Committee For GST An alliance of 24 GST and Trade Associations Extend due dates of GST, Income Tax & ROC Compliances

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