Highlights of Amendments / Changes with reference to additional Fees pursuant to Section 403 vide The Companies (Amendment) Act 2017 and Rule 12 of the Companies (Registration of Offices and Fees) Rules, 2014

Article on the Highlights of Changes in Section 403 of Companies Act, 2013 related to Fee for filing, etc vide Companies (Amendment) Act 2017 by M N Khandelwal & Co. Chartered Accountants, Kolkata. 

  • The First Proviso of Sec. 403 of the companies act 2013 which deals with additional fees has been substituted with the new proviso. 
  • The new proviso exclusively says that Forms u/s 92 or 137 of the Companies Act 2013 i.e., Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS, filed after the due date mentioned in the relevant section will attract additional fees of Rs. 100/- per day of delay. 
  • The second proviso as per Companies Amendment Act 2017 says that other Forms (All Forms Except Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS) may be filed after expiry of time limit mentioned in the section by paying additional fees as per Rule 12 of the Companies (Registration of Offices and Fees) Rules, 2014. 
  • The third proviso says about higher additional fees which may be levied in defaults on 2 or more occasions. 
  • The time limit of 270 days has been removed from the section as mentioned earlier. 
  • The New Additional Fees Table will be applicable w.e.f. 01.07.2018. 

The new table of additional fees is summarized as below:

A. Additional Fees for All Forms except Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS for Companies Other than OPC and Small Company:

Sl. No. Period of delay Additional Fees
01 upto 15 days (Section 139 and 157) One time
02 More than 15 days and upto 30 days (Section 139 and 157) and upto 30 days in remaining forms. 2 times of normal filing fees
03 More than 30 days and upto 60 days 4 times of normal filing fees
04 More than 60 days and upto 90 days 6 times of normal filing fees
05 More than 90 days and upto 180 days 10 times of normal filing fees
06 Beyond 180 days  12 times of normal filing fees

 Note:

(1) The belated filing of documents/forms (including increasing in nominal capital and delay caused thereon) which were due to be filed whether in Companies Act, 1956 Act or the Companies Act, 2013 Act i.e due for filing prior to notification of these fee rules , the fee applicable at the time of actual filing shall be applicable.]

B.     For increase in authorised capital, the additional fees shall be applicable at the following rates:-
  Delay upto 6 months Delay beyond 6 months
slab 2.5 % per month on the fees payable under para I.3 or II.12 of Table A above as the case may be. 3% per month on the fees payable under para I.3 or II.12 of Table A above as the case may be.
(1) The above fee table shall also be applicable for delay in filing application with Registrar under sub-section (11) of Section 233 of the Act
C.     “For Forms under section 92 or 137 i.e., Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS:-

 (i) In case the period within which a document required to be submitted under section 92 or 137 of the Act expires after 3o/o6/2018, the additional fee mentioned in Table shall be payable – 

Sl. No Period of delays Additional fee payable (in Rs)
01 Delay beyond period provided under Section 92[4) ofthe Act  One Hundred per day
02 Delay beyond period provided under Section 737 (t) of the Act One Hundred per day
 [ii) In all other cases where the belated annual returns or balance sheet/financial statement which were due to be filed whether in the companies Act, 1956 or the companies Act, 2013 the following additional fee mentioned in Table shall be payable:- 

Sl no Period of delays Forms including charge documents Plus Rs. 100 per day after 01.07.2018
01 upto 30 Days 2 times of normal filing fees
02 More than 30 days and upto 60 days 4 times of normal filing fees
03 More than 60 days and upto 90 days 6 times of normal filing fees
04 More than 90 days and upto 180 davs 10 times of normal filing fees  
05 Beyond 180 days 12 times of normal filing fees  

 Note:

(1)The additional fee shall also be applicable to revised financial statement or board’s report under section 130 and 131 of the Act and secretarial audit report filed by the company secretary in practice under section 204 of the Act.

 (2) The belated filing of documents/forms (including increasing in nominal capital and delay caused thereon which were due to be filed whether in companies Act, 1956 Act or the companies Act,2013 Act i.e due for filing prior to notification of these fee rules, the fee payable at the time of actual filing shall be applicable”. 

Author Bio

Qualification: CA in Practice
Company: M N KHANDELWAL & CO.
Location: KOLKATA, West Bengal, IN
Member Since: 04 May 2018 | Total Posts: 4
CA Madhav Khandelwal is a young Chartered Accountant and the founder partner of the firm. He is a B. Com (H) graduate and a fellow member of The Institute of Chartered Accountants of India with 7 years of Post Qualification experience. He has handled vide variety of audits of various companies View Full Profile

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