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Scheme for condonation of delay for companies restored on the Register of Companies between 1st Dec. 2020 and 31st Dec. 2020

Scheme for condonation of delay for companies restored on the Register of Companies between 1st Dec. 2020 and 31st Dec. 2020

Scheme for condonation of delay for companies restored on the Register of Companies between 01st December 2020 and 31st December 2020 under section 252 of the Companies Act, 2013

  • Representations have been received by the Ministry of Corporate Affairs requesting for relief for companies who had preferred an appeal u/s 252 against the orders of striking off the name of the companies before NCLT and the NCLT orders were issued during December 2020. In view of this, such companies could not avail the benefit of filing under CFSS-2020 by 31st December, 2020 and are liable to additional fees for filing of overdue e-forms.
  • To allow relief to such companies, the Central Government had decided to introduce a scheme namely "Scheme for Condonation of delay for companies restored on the Register of Companies between 01-12-2020 and 31-12-2020 under section 252 of the Companies Act, 2013" for the purpose of condoning delay in filing of forms with Registrar in so far as relates to charging of additional fees on account of delay in such filings.
  • The scheme shall come into effect from 1st February 2021.
  • Applicability:- The scheme shall be applicable in respect of the companies in respect of whom the appeal filed u/s 252 of the Act with the respective NCLT Bench for restration of the name of the company was disposed off between 01-12-2020 to 31-12-2020 with an order of restoration of the company.
  • Duration of the scheme:- The last date of filing of any overdue e-forms by such companies shall be 31-03-2021.
  • Forms for which such scheme shall be applicable:- The scheme shall be applicable in respect of filing of all e-forms except where any increase in authorised capital is involved (SH-7) and charge related documents (CHG-1, CHG-4, CHG-8 and CHG-9) which are required to be filed with the Registrar.
  • Applicable Fees:- Every company shall be required to pay normal filing fees on the date of filing and no additional fees shall be payable for the forms for which the scheme is applicable.

General Circular No. 03/2021 dated 15th January 2021: http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo.3_15012021.pdf

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