Representation for extension of timelines for Filing of DIR -3 KYC for DIN / DPIN holders as at 31st March 2021 till 31.12.2021 without any Late Fee.
DIRECT TAXES PROFESSIONALS’ ASSOCIATION
Income Tax Building, 3, Govt. Place West, Ground Floor, Kolkata 700001 Ph 033-22420638
Email : email@example.com
Ref. No. – DTPA/Rep/21-22/003
30th September, 2021
Shri Rajesh Verma, IAS
Ministry of Corporate Affairs,
Government of India
Dr. Rajendra Prasad Road
New Delhi – 110001
Email : firstname.lastname@example.org
Subject: Representation for extension of timelines for Filing of DIR -3 KYC for DIN / DPIN holders as at 31st March 2021 till 31.12.2021 without any Late Fee
1. We appreciate and acknowledge the sincere efforts and various initiatives of the Ministry of Corporate Affairs (MCA) and its sensitivity and promptness in providing relief, relaxations and respite to the Corporate Sector, Professionals, and Business Owners / Entrepreneurs and other connected Stakeholders at large in these unprecedented COVID Pandemic times by providing various relaxations and extension of timelines for adherence of several compliance requirements.
2. As we know that, the Ministry of Corporate Affairs as part of updating its registry / Directors related information, has been conducting KYC of all Directors of companies / LLP’s annually in accordance with the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2018, through an e-form viz. DIR-3 KYC or without any E-form i.e. DIR 3 Web KYC and the same has to be done on or before 30th September of the immediately next financial year.
a) We would like to bring it to your kind attention that the professionals are facing various technical issues while filling the prescribed MCA E- form and filing the e-form DIR-3 KYC / doing Web based KYC.
b) In this regard, we also wish to bring to your kind notice some of the practical difficulties which are being faced by the directors as well as professionals in filing DIR-3 KYC / DIR – 3 Web KYC. These are:
1) Login issue MCA portal
2) Mismatch in the details of PAN Card of the DIN / DPIN Holder
3) Pre-scrutiny of form DIR-3 KYC
4) Generation of OTP on email / mobile
5) Ceiling of 10 KYC from one login per day
6) Use of special characters in the form
7) Digital Signature Certificate (DSC)not available
8) Facing difficulty while Registration / Updating DSC
9) Original Documents of Foreign DIN / DPIN holders not received
10) Apostilled documents: The process of collection of various proofs and their apostille runs into several days
c) Sir, fees of Rs. 5,000 shall be applicable and payable on all delayed filings w.e.f. 16/09/2019 on every DIN / DPIN Holder individually.
d) We would like to state that in order to provide relief to the stakeholders and difficulties reported by the Corporates, Professionals and stakeholders in electronic filing of Income-tax returns and various reports of audit under the Income-tax Act, 1961, Central Board of Direct Taxes (CBDT) has extended the timelines for filing of Income-tax returns and various reports of audit for the Assessment Year 2021-22 vide Circular no. 17/2021 dated 09.09.2021. Further, CBIC has extended the due date for GST Amnesty scheme, MCA has extended the due dates for holding AGM and w.r.t. Cost Audit Report and the Market Regulator SEBI had already introduced a circular to extend the timeline for conduct of AGM by top 100 listed entities by market capitalization.
e) Please be apprised that, in the present pandemic situation, the practical difficulties as stated above, the timely completion of KYC of all the DIN / DPIN holders as at 31st day of March, 2021 by 30th September, 2021, is very difficult and crucial.
f) It is therefore requested that, to mitigate the hardships of Corporate and DIN / DPIN holders at large the time period for completing the Annual KYC of the DIN / DPIN Holders as at 31st day of March. 2021 be extended, without levying any additional fee till 31st day of December, 2021.
4. We sincerely hope that the Ministry would provide the requisite relief and extension w.r.t. Directors’ KYC, being sought in case of the companies. Your favourable consideration would surely promote the cherished vision and initiative of the Hon’ble Prime Minister of “Ease of Doing Business” with Minimum Government, Maximum Governance.
(Adv K.K. Jain, President)
(Narayan Jain, Chairman, Represntation Committee)
(Adv. Mamta Binani)
Co-Chair, Representation Committee