Introduction of Refund Process

Earlier there was no process in MCA21 for refund of fees wrongly paid by the stakeholder while availing various services at MCA 21. Now the Ministry has introduced process  of refund of statutory fees paid for certain services.

The refund of MCA21 fees is available in the following cases:

a) Multiple Payments; b) Incorrect Payments & c) Excess Payment

Refund process is not applicable for certain services/ eForms like Public Inspection of documents, Request for Certified Copies, Payment for transfer deeds, Stamp duty fee (D series SRN), IEPF Payment, STP Forms, DIN eForm, etc.

The refund form is to be filed within the stipulated time period. Also, there shall be deduction in the amount to be refunded based on time period within which refund eForm is filed. The following is the time slab for filing refund form and the corresponding deduction in refund amount:

Time within which refund application is made Default value for deduction
0-90 days 2.5%
91-180 days 5%
181- 270 days 7.5%
271-365 days 10%
>365 day 25%

Filing of refund form shall not be allowed after expiry of 1095 days of filing of the original request. For all earlier cases, (i.e. cases filed before introduction of refund process), the time limit shall be considered from the date on which the refund process is introduced i.e. from 01/05/2011.

Refund process is not applicable for certain services/ e-Forms like Public Inspection of documents, Request for Certified Copies, Payment for transfer deeds, Stamp duty fee (D series SRN), IEPF Payment, STP Forms, DIN e-Form, etc.

Press Release from Ministry of Corporate Affairs on 30.01.2012

The Ministry of Corporate Affairs has decided to refund the statutory fees paid for certain services. Earlier there was no process in MCA21 for refund of fees wrongly paid by the stakeholder while availing various services at MCA 21. New refund e-Form needs to be filed by the stakeholder applying for refund and upon processing of the same the refund request shall be approved or rejected.

The refund of MCA21 fees is available in the following cases: a) Multiple Payments of Form 1, Form 5; b) Incorrect Payments and c) Excess Payment

Refund process is not applicable for certain services/ e-Forms like Public Inspection of documents, Request for Certified Copies, Payment for transfer deeds, Stamp duty fee (D series SRN), IEPF Payment, STP Forms, DIN e-Form, etc.

More Under Company Law

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Category : Company Law (4004)
Type : News (13806)

0 responses to “Refund of Statutory / ROC Fees Paid by mistake to MCA”

  1. Sohin Samson says:

    Hello All,

    Please guide me on whether refund facility is available for form 3 and 4 of LLP Act.

  2. venu modi says:

    i have uploaded form INC 29. I paid the fees for the form and did not see the stamp duty payment challan. the date crossed the expiry. is there anyway i can claim the refund for the fees i paid for the form?

  3. Chinmay Sham Kamat says:

    Hello,
    Do you have any practical experience with the refund of fees paid for form 1? In an incorporation, due to resubmission requirement, my form got expired. Form 1 has not been taken on record. To add to the problem, I am unable to resubmit the form. Now the money is stuck with the ROC.
    The ROC office says that I should file another form, and that I should pay fees afresh. Then after the company is formed, I should apply for refund.
    Can anyone tell me how much time a typical refund takes? Please help, as the amount is quite substantial.

  4. Tapan Kumar Ray says:

    Kindly clarify whether the fees paid for excess Authorised Capital which is not required now or there is a capital reduction is eligible for refund?

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