Relaxation on levy of additional fees in filing of certain Forms under the Companies Act, 2013 and LLP Act, 2008

The MCA vide General Circular No. 11/2021 dated 30.06.2021 , in continuation to its General Circular No. 11/2021 dated 30.06.2021, has granted additional time up to 31st August, 2021 to Companies & LLP to file those forms which are due for filing during 1st April, 2021 to 31st July, 2021, without any additional fees. This Circular excludes Charge related forms, i.e., CHG-1, CHG-4 & CHG-9.

Whether this circular covers in its ambit FORMS DPT-3, CFSS-2020 & NDH-1?

Let’s consider the following points:

1. On a plain reading of the General Circular, an inference can be drawn that every form whose due date is falling between 1st April, 2021 to 31st July, 2021, is covered in this relaxation. For that matter, the forms in question have their due date during this period only.

2. Exclusive List issued by MCA for previous Circular: The MCA, issued a list of forms which are covered in the ambit of the General Circular No. 06/2021 dated 03.05.2021 (which is the base of this Circular) and from time to time, made additions to it. On referring the same it can be noted that, none of the three forms in question were included in that exclusive list.

3. No specific mention as to relaxation: In General Circular No. 11/2021 the Ministry has not given any specific mention as to the inclusion of the forms in question.

CONCLUSION (AUTHOR’S POINT OF VIEW)

Keeping in view the language of the Circular and its intent, it can be concluded that the due date for FORMS DPT-3, CFSS-2020 & NDH-1 is indeed extended up to 31st August, 2021.

Further, the Ministry might come up with a clarification in this regard.

ADVICE

To be on a safer side, it is advisable to file the forms in question on the original due date itself (to the extent possible), as the Ministry has not yet come up with any clarification regarding the same and it won’t be a surprise if our interpretation stands vague as it happened earlier in the case of General Circular 06/2021.

Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013

The MCA vide General Circular No. 12/2021 dtd. 30th June, 2021, has amended its General Circular No. 07/2021 dtd. 3rd May, 2021 by substituting the dates (wherever it appears) as follows:

Original date Substituted date
31.05.2021 31.07.2021
01.06.2021 01.08.2021

Accordingly, the updated circular stands as follows:

Applicability Relaxation of time Fees
Date of creation/ modification of charge is before 01.04.2021 but the timeline for filing such form is unexpired under section 77 of the Companies Act, 2013 as on 01.04.2021. In this case, the period beginning from 01.04.2021 and ending on 31.07.2021 shall not be reckoned for the purpose of counting of number of days. In case the form is not filed within this period then the first day after 31.03.2021 shall be reckoned as 01.08.2021. Form is filed on or before 31.07.2021: Fees payable as on 31.03.2021.

If filed thereafter: Applicable fees shall be charged after adding number of days beginning from 01.08.2021 & ending on date of filing plus the time period lapsed from date of creation till 31.03.2021.

Date of creation/ modification of charge falls on any day between 01.04.2021 to 31.07.2021 (both dates inclusive). In this case, the period beginning from date of creation/ modification to 31.07.2021 shall not be reckoned for the purpose of counting of number of days. In case the form is not filed within this period then the first day after the date of creation/ modification shall be reckoned as 01.08.2021. Form is filed before 31.07.2021: Normal fees.

If filed thereafter: The first day after creation/ modification shall be reckoned as 01.08.2021 and the number of days till the date of filing of form shall be counted accordingly for the purpose of fees.

NOTE: This Circular is not applicable to:

1. Form already filed before issue of this circular.

2. The due date to file form is expired as on 01.04.2021.

3. The timeline for filing form expires on a future date.

4. Form CHG-4.

General Circular No. 12/2021 dtd. 30th June, 2021 is without prejudice to the belated filings that may have already been made along with additional fees.

Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

The author can also be reached at [email protected]

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