FAQ’s on MCA Extension of Due Date of Filing of Forms

“Get an extension on MCA form filings till 31.03.2023 without extra fees for 47 forms due to MCA V3 update. Excludes Spice Part B. Navigate smoothly with MCA’s relief measures.”

MCA has issued a General Circular No 04/2023 on 21^st Feb 2023 on extension on time of filing of 47 forms on MCA V3 without additional fees.

MCA has already issued two general circular 01/2023 dated: 09.01.2023 and general circular 03/2023 dated 07th Feb 2023 and  subject to extension for time of filing of 45 company e-forms and PAS-03 in MCA 21 without additional fees.

Important Point:

1. There is no extension for Spice Part B for any period.

2. Extension available if Due date of any form out of 45 forms on or after 07.01.2023.

3. Extension for PAS-3 only in case when Due date fall b/w 20.01.2023 to 28.02.2023.

4. Extension for Spice Part A: (Name Approval)

– For Resubmission: If resubmission falling between 23.01.2023 to 28.02.2023.

– For Reservation of Name: Its name reservation falling between 23.01.2023 to 28.02.2023.

Question and Answers

Que 1: What if Any of these 45 forms are in resubmission on 7^th January 2023 (except Spice Part B)? (DG)

Ans 1: As per update appearing on MCA Website, all the stake holder advised that no such form should be pending for resubmission. Therefore, one can opine that out of 45 forms, if any form was on resubmission on 07.01.2023 the Company have to file fresh form on MCA V-3 (DG)

EXTENSION OF 45 FORMS

Que 2: If Due Date of Any form out of 45 forms (except PAS-3 and Spice Part A) falls between 07-01.2023 to 28.02.2023, what shall be extended due date for such forms? (DG)

Ans 2: As per Circular issued by MCA on 09.01.2023 & 07.02.2023 & 21.02.2023, if Due Date of any 45 forms falls b/w 07-01.2023 to 28.02.2023 then such form can be file till 31^st March 2023 without any additional fees. (DG)

Example: DG

a) If Due Date of any of 45 forms was 19^th January 2023, then such forms can be file till 31.03.2023. DG

b) If Due Date of INC-28 was 21.01.2023 then such INC-28 can be file till 31.03.2023. DG

c) If Due Date of DIR-12 was 28.02.2023 then such DIR-12 can be file till 31.03.2023. DG.

EXTENSION OF PAS-3

Que 3: If Due Date of PAS-3 falls between 20-01.2023 to 28.02.2023, what shall be extended due date for such forms? (DG)

Ans 3: As per Circular issued by MCA on 09.01.2023 & 07.02.2023 & 21.02.2023, if Due Date of any PAS-3 forms falls b/w 20-01.2023 to 28.02.2023 then such PAS-3 can be file without additional fees till 31.03.2023. (DG)

Example:

a) If Due Date of PAS-3 was 19^th January 2023 then such PAS-3 can be file till 19.01.2023 only. DG

b) If Due Date of PAS-3 was 21.01.2023 then such PAS-3 can be file till 31.03.2023. DG

c) If Due Date of PAS-3 was 01.02.2023 then such PAS-3 can be file till 31.03.2023. DG

EXTENSION OF SPICE PART B

Que 4: If Due Date of Spice Part B forms falls between 07-01.2023 to 028.02.2023, what shall be extended due date for such forms? (DG)

Ans 4: As per Circular issued by MCA on 09.01.2023 & 07.02.2023 & 21.02.2023, there is no extension given for Spice Part B. (DG)

RESERVATION OF NAME

Que 5: If Expiry of name approval form i.e. Spice Part A falls between 23-01.2023 to 28.02.2023, what shall be extended due date for such forms? (DG)

Ans 5: As per Circular issued by MCA on 21.02.2023, if expiry of any Spice Part A falls b/w 23-01.2023 to 28.02.2023 then one can opine that such Spice Part A shall be available as Reserved till 20.03.2023 without any extension application. (DG)

Example:

a) If Due Date of Spice Part A was 23^rd January 2023, then name shall be reserved till 20.03.2023. DG

b) If Due Date of Spice Part A was 15.02.2023 then name shall be reserved till 20.03.2023. DG

c) If Due Date of Spice Part A was 22.02.2023 then name shall be reserved till 20.03.2023. DG

RESUBMISSION OF NAME APPROVAL

Que 6: If Due date of resubmission of name approval form i.e. Spice Part A falls between 23-01.2023 to 28.02.2023, what shall be extended due date for such resubmission? (DG)

Ans 6: As per Circular issued by MCA on 21.02.2023, if Due date of resubmission any Spice Part A falls b/w 23-01.2023 to 28.02.2023 then one can opine that such Spice Part A can be Resubmit till 15.03.2023 without any extension application. (DG)

Example:

a) If Due Date of resubmission of Spice Part A was 23^rd January 2023 then name shall be reserved till 15.03.2023. DG

b) If Due Date of resubmission of Spice Part A was 15.02.2023 then name shall be reserved till 15.03.2023. DG

c) If Due Date of resubmission of Spice Part A was 22.02.2023 then name shall be reserved till 15.03.2023. DG

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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).