Deepak Gupta | Jul 2, 2018 |
Whether calculation of Addl Fees of Rs 100 per day by MCA retrospective or prospective
Dear Professional Colleague,
As everyone is confused since last 2 days that whether calculation of Rs. 100/- per day is retrospective or prospective
Because on 1st July, 2018 some challans generated additional fees retrospective (like we saw one challan showing additional fees approx 7 crore). However, this was the system issue and systems have been ratified. Now to additional fees shall be calculated as per below calculation.
Additional Fees Rs. 100/- per Day Annual Filling
MCA has notified Companies (Registration Offices and Fees) Second Amendment Rules, 2018 w.e.f. 07th May, 2018.
Lets discuss the effect of the same.
Situation 1:
In case Companies whose Annual form (i.e. AOC-4, MGT-7) filing DUE DATE is 30th June, 2018.
In such case if Company file forms after 30th June, 2018 additional fees shall be Rs. 100/- per day from 1st July, 2018 without any upper cap.
[Actual Fees + Rs. 100/- per day from 1st July, 2018]
Situation 2:
In case Companies fails to filed pending Annual Filing forms for Any Previous Financial years whether under Companies Act, 1956/ 2013 till 30th June, 2018. In such case Company have to pay additional fees as per these rules.
Following below mentioned annual filing forms:
| S. No. | Forms | Purpose of Filing | Section Involved |
| 1. | AOC-4 (including AOC-4 XBRL, AOC-4 CFS 23AC,ACA) | Filing of Financial Statements | Section 137 |
| 2. | MGT-7 (Including 20B) | Filling of Annual Return | Section 92 |
What shall be additional Fees in above mentioned Situation
Additional Fees shall be as follow:
| Actual Filing Date | Actual Fees | Till 30th June, 2018 12 times of actualfees | Total Till 30th June, 2018 | From 1st July, 2018Rs. 100/- per day | Total Fees |
| 30th June | Rs. 300 | 3,600 | 3,900 | 0 | 3,900 |
| 15th July, 18 | Rs. 300 | 3,600 | 3,900 | 1,500 | 5,400 |
| 30th July, 18 | Rs. 300 | 3,600 | 3,900 | 3,000 | 6,900 |
| 30th Jan, 19 | Rs. 300 | 3,600 | 3,900 | 21,400 | 25,300 |
MCA notifies Additional fee of Rs.100 per day for delay in filing ROC Forms w.e.f 1st July 2018
About the Author:
(Author CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at[email protected])
Disclaimer : The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.
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