Q.1 While filing DPT-3 for f.y. 2020-21, which date shall be mentioned for Closing of Account at colloum 7(a)?
Ans. As per instruction Kit, Company must mention date of ‘Last Closing of Account’ at column no. 7(a). Therefore, one can opine that for the Financial year 2020-21 date of last closing of account shall be 31st March, 2021.
Q.2 If a Company having only exempted deposits, whether such company required to file DPT-3?
Ans. As per provisions of Rule 16, even in the case of only exempted deposit companies are required to file DPT-3.
*As private limited Companies are not allowed to accept deposit. Therefore, practically all the DPT-3 forms of private company shall be filed for exempted deposit.
Q.3 While filing DPT-3 for f.y. 2020-21, which year Net worth shall be mentioned at colloum 8?
Ans. Collum No 8 of DPT-3 asked for ‘Net Worth as per the latest audited balance sheet preceding the date of the return’. Therefore, at the time of filing of DPT-3 whatever last audited balance sheet is available (whether related to 2020-21, 2019-20 or 2018-19 etc) the figures of from that balance sheet required to mention in DPT-3.
Q.4 Whether date of DPT-3 is extended by MCA for f.y. 2020-21?
Ans. Due date of filing of DPT-3 not extended by MCA for f.y. 2020-21. Due date for 2020-21 is 30th June 2021.
Q.5 If a Company having only Loan from Director as on 31.03.2021, whether such company required to file e-form DPT-3?
Ans. As per Rule 16, doesn’t matter from whom loan is outstanding in the book. If there is any loan outstanding in the books as on 31.03.2021 then such company needs to file e-form DPT-3 for the same.
Q.7 If a Company having only Loan from any one of followings, whether such company required to file e-form DPT-3?
Ans.
- Loan from another Company
- Loan from Bank or NBFC
- Loan from Shareholders
- No Loan but advance from customers
As per Rule 16, doesn’t matter from whom loan is outstanding in the book. If there is any loan or advance outstanding in the books as on 31.03.2021 then such company needs to file e-form DPT-3 for the same. Therefore, in all the above cases companies are required to file DPT-3.
Q.8 If a Company having outstanding creditors in the books as on 31.03.2021 whether their amount is required to mention in DPT-3?
Ans. As per Rule 16, Companies are required to mention amount of outstanding Loan or advance from the customers. Company has not taken loan or not taken advance money from creditors. Therefore, it is not required to mention in DPT-3.
Q.9 If a Company having outstanding debtors in the books as on 31.03.2021 whether their amount is required to mention in DPT-3?
Ans. As per Rule 16, Companies are required to mention amount of outstanding Loan or advance from the customers. Company has not taken loan or not taken advance money from Debtors. Therefore, it is not required to mention in DPT-3.
Q.10 If Company has taken loan from shareholders. Whether such loan shall be considered as exempted deposit or deposit for the purpose of DPT-3?
Ans. As per instruction kit and provision of Companies Act, 2013 loan from shareholder shall be considered as Deposit. Therefore, whether private or public company has taken loan from shareholders. They have to select ‘Deposit’ as remote button and mention details of loan from shareholder in that collum.
Q.11 Whether it is mandatory to attached auditor certificate in DPT-3?
Ans. As per instruction Kit and circular issued by MCA, Auditor certificate is mandatory to attach in case company has clicked on remote button “Deposit” or “Deposit and particular not considered as deposit”. In other cases it is not required to attached auditor certificate with DPT-3.
Q.12 Credit Card outstanding required to mention in DPT-3?
Ans. As per Rule 16 all outstanding loans required to mention in DPT-3. If there is any outstanding of Credit card it shall be consider as loan and need to mention in DPT-3.
Q.13 Director remuneration payable for more than one year. Whether to show this amount in DPT 3 or not?
Ans. As per Rule 16 all outstanding loans and advances required to mention in DPT-3. Remuneration payable to director is neither loan nor advance. Therefore, one can opine that it is not required to mention in DPT-3.
Q.14 Please find below list of Schedules Bank?
Ans. List of schedule Bank: https://rbidocs.rbi.org.in/rdocs/content/pdfs/BANKL13042020_I.pdf
Q.15 Whether PNB bank fall under category of Schedule Commercial Bank?
Ans. As per above List, PNB is part of Schedule commercial bank.
Q.16 There is no change in unsecured loans and any other loans/advances etc in the Balance Sheet as on 31.03.2021 as compared to Balance Sheet as on 31.03.2020. Still we need to file DPT-3?
Ans. As per Rule 16, doesn’t matter loan is related to which period. If it is outstanding as on 31.03.20212 then it is required to mention in DPT-3 form.
Q.17 Whether figures of DPT-3 can differ from the audited financial statement?
Ans. As per Rule 16, figures mentioned in DPT-3 should be audited figure. Further, one can opine figures of DPT-3 should be same as mentioned in Financial Statement of Company. Otherwise it shall be considered as noncompliance of the Law.
Q.18 Loan from HUF of Directors shall be considered as deposit or particular not considered as deposit?
There are two situations:
i. If HUF is shareholder then it is allowed loan but required to mention in Deposit only. (Remote button 2 or 4) and certificate from auditor is also mandatory.
ii. If HUF is not a shareholder, than this loan is not allowed to take under Companies Act. Therefore, required to mention in Deposit only. (Remote button 2 or 4) and certificate from auditor is also mandatory. Company shall be liable to pay penalties also for the same as it is not allowed to take this loan.
Q.19 Whether private limited Company can accept loan from relative of shareholders?
Ans. As per definition of deposit, Loan from relative of shareholders is not allowed under Companies Act, 2013 and shall be consider as deposit and company is liable to pay penalties for the same.
Q.20 Whether it is mandatory to attached auditor certificate in DPT-3?
Ans. As per instruction Kit and circular issued by MCA, Auditor certificate is mandatory to attach in case company has clicked on remote button “Deposit” or “Deposit and particular not considered as deposit”. In other cases it is not required to attached auditor certificate with DPT-3.
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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION
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IF LOAN HAS TAKEN FROM OTHER COMPANY HAVING COMMON DIRECTOR OR RELATIVE OF SUCH DIRECTOR, THEN IN WHICH CATEGORY OF DPT3 FORM IT SHALL BE CONSIDERED?
Useful Article and well presented with F & Q’s.
If the Data till 31st March 2021 not finalized than how we can file DPT-3
written nicely