A. Form: Refund form

B. Purpose: The user is required to make various payments to avail MCA21 services. A number of instances have been observed where the users make multiple payments or incorrect payment or excess payment while using these services. In order to allow the stakeholders to claim refund of such payments, refund process has been introduced by MCA for both Companies and LLPs.

C. Applicability: The following are instances when MCA refund process can be initiated:

1. Multiple Payments– This includes cases where service seeker does multiple filings of e Form no. INC-2/INC-7/old Form 1 or e-Form No. SH-7/old Form 5 and makes payments more than once (multiple times) for the same service. However, refund shall not be allowed in respect of approved e Forms.

2. Incorrect Payments– This includes cases where the service seeker has made payment in respect of an e Form or Stamp duty through an incorrect option under Pay miscellaneous fee facility.

3. Excess Payment– This includes cases where any excess fee has been paid by the service seeker due to some incorrect data entered in the e Form or incorrect data in MCA21 system due to migration of data from legacy system.

4. Incorrect payment via NeFT– This includes cases where user has selected NeFT as mode of payment and made the errors as mentioned in note above.

D. Fees: There is no fee for filing Refund form.

E. Mode: The e Form will be processed in Non STP. On processing of the e form the details will be saved with MCA. When an e Form is approved/rejected by the authority concerned, an acknowledgement of the same is sent to the user in the form of an email. All correspondence will be sent by HQ.

F. Attachments:

  • Copy of challan duly acknowledged by bank in respect of SRN for which refund is sought.
  • Copy of challan duly acknowledged by bank in respect of other SRN, if applicable
  • Scanned copy of cancelled cheque(mandatory)
  • Any other information can be provided as an optional attachment.

G.  Mode of payment of refund:

There are 2 mode: 1) Cheque 2) direct deposit into bank account.

For the time being cheque mode is disabled.

H. Instructions to fill the e Form

I. In case reason for refund is other than ‘Incorrect Payment via NeFT’:

1. Refund form can be filed only if payment status of the transaction for which refund is sought is ‘PAID’.

2. Refund form can be filed only for claiming refund of MCA21 service fees. Refund form cannot be filed for claiming refund of any stamp duty paid electronically through MCA21 system. For refund of stamp duty, you are requested to contact the concerned state/ union territory in respect of which stamp duty has been paid. Refund of stamp duty, if any, will be processed by the respective state/ union territory government in accordance with the rules and procedures as per the state/ union territory Stamp Act.

3. Refund form cannot be filed for the following services/ e-Forms: Public Inspection of documents, Request for Certified Copies, Stamp duty fee (D/E series SRN)

4. 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 e Form is filed. Filing of refund form shall not be allowed after expiry of 1095 days of filing of the original request.

5. 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 2.5%
91-180 days 5%
181- 270 days 7.5%
271-365 days 10%
>365 days 25%

*For entire process refer the instruction kit of the form.

II. In case reason for refund is ‘Incorrect Payment via NeFT’:

1. Refund can be sought only in respect of UTNs (Unique Transaction Number) generated before implementation of revised NeFT process i.e. 22nd June 2012.

2. Refund form in case of NeFT payments can be filed for following options:

3. Payment of stamp duty fee into account identified for MCA filing fee.

4. Payment of MCA filing fee into account identified for stamp duty fee.

5. Payment after the expiry date of SRN.

6. Single consolidated payment for multiple SRNs.

7. Excess payment than the amount mentioned by MCA21 system.

8. Less payment than the amount mentioned by MCA21 system.

9. Payment made without generating any SRNs

*For entire process refer the instruction kit of the form.

Note:

a. For refund of fee paid via NEFT, there won’t be any deduction. However, limit of 1095 days as provided above shall be applicable.

b. Following Companies or LLP are not allowed to file Refund Form.

  • Under process of striking off
  • Struck off/Defunct
  • Liquidated
  • Dissolved
  • Converted into LLP and Dissolved
  • Not available for e-filing
  • Dormant or Dormant u/s 455
  • Active in progress

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Disclaimer : This article is for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Whitespan Advisory does not warrant that the information contained in this article to be accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.

Please feel free to contact the undersigned in case you require any further information/ clarification on the above article.

CS Jaya Yadav : jaya@whitespan.in |  Anishi Sharda : anishi@whitespan.in

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