Extend time limit of statutory Company Law compliances

Representation on technical glitches on MCA Web-portal & Request for extension in the time limit on submission of various statutory compliances by CA Social Affiliation (CASA) to Smt Nirmala Sitaraman, Hon. Finance Minister of India, Govt of India.

CA Social Affiliation (CASA)
Serving CA Profession since 2010

CASA/MCA/20-21/04   Dated 21st September 2020

To

Smt Nirmala Sitaraman

Hon. Finance Minister of India

Govt of India

Respected Mam,

Subject: Representation on technical glitches on MCA Web-portal & Request for extension in the time limit on submission of various statutory compliances

CASA is a registered NGO which is working effortlessly for the benefits of the Professional, Trade and Industry by way of imparting knowledgeable Webinars by various experts in Industry. During the financial year starting from April 2020, CASA has successfully organised more than 135 webinars on various topics. We at CASA, believes in taking all the requisite steps and actions to ensure smooth and complete tax and other Statutory compliances by the Stakeholders.

Through this letter, we are seeking your kind attention towards the MCA Website which is not working properly since last 1 month and Professionals are finding it very difficult to fetch any data from the Website and upload any details/ forms on the MCA Website. Some of the common hassles shared by Professionals has been enumerated as follows:

1. Non Generation of OTP for the KYC Validation

For the purpose of KYC verification of Directors, an OTP is required to be generated on email id and mobile Numbers with a validity of 15 minutes but since last few days, OTP are not getting generated on Email ID, or Generated after a span of 6-8 hours, which makes it useless. Since both the OTP i.e. of Email ID & Mobile number is not generated simultaneously by the MCA system, Professionals and Directors are not able to complete their KYC due to this Glitch. It is also to be noted that Non Submission / delayed submission of KYC attracts a penalty of Rs.5,000/- and as of now its due date is 30/09/2020.

2. Issues in filing the Incorporation forms

It has also been reported by many Professionals that they are not able to prefill details in Spice form while filling Incorporation forms. MCA is not fetching data from its own Website or other linked Government Websites smoothly. Numerous attempts from Professionals either results in session out or blocking the Professional ID. Few Professionals have reported that their challans are showing status “Pending for Payment Confirmation” since last 25 days, and even after raising tickets and Grievances, they are not getting a Prompt Solution.

3. Issues on generation of Payment challan

Now a days, challans are not generated by system even though payment is deducted from Bank / credit Cards. It is taking approx. 2 days time in almost all cases for generation of Payment challans / receipts. In some cases delay in generation of such receipts is much more like we mentioned in above para where status is “Pending for Payment Confirmation” for more than 25 days and no receipt is generated. Considering this scenario, the Professionals are assigned with a new role to track and reconcile the challan status of the payment, and proceed for the further steps only after status of challan is updated in MCA records.

4. Non Submission of Financial Statements/Voluntary Strike Off Application by availing CFSS Scheme

As mentioned earlier, there is an issue in generation of OTP for Director KYC, DSC of such Director can not be affixed on any form whose KYC is pending, and now the question arises, how can anyone avail the benefit of CFSS Scheme 2020, whose KYC is pending. Please note that the scheme is about to expire on 30/09/2020

5. Non Submission of Financial Statements as an Annual Compliance

Although the date of conducting Annual General Meeting has been extended by the Ministry by 3 months considering the pandemic Situation, and we express our gratitude for such extensions. But there are many corporate who have conducted their Annual General Meeting with in the stipulated time prescribed under Companies Act, and now finding it difficult to submit Annual Compliance forms on the official Website due to technical glitches of Website.

Through this representation, we seeks to draw your kind attention towards the Concerns and Grievances faced by Professionals as well as other stakeholders. We anticipate immediate feasible solution from your end. We request your good self to please look into the matter and address the issues in this matter at the earliest.

Looking forward for the redressal of the issues.

Thanks and Regards

Sd/-
CA Sumit Garg
Founder
Place: Delhi

CC to:

1. Anurag Thakur
mosfinance[at]nic[dot]in

2. Secretary, MCA
secy[dot]mca[at]nic[dot]in

3. Registrar Of Companies
4th Floor, IFCI Tower, 61, Nehru Place,
New Delhi – 110019
Phone: 011-26235703, 26235708, Fax: 011-26235702
roc[dot]delhi[at]mca[dot]gov[dot]in

Download Representation in PDF Format

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