Whether calculation of Addl Fees of Rs 100 per day by MCA retrospective or prospective

Whether calculation of Addl Fees of Rs 100 per day by MCA retrospective or prospective

Whether calculation of Addl Fees of Rs 100 per day by MCA retrospective or prospective Dear Professional Colleague, As everyone is confused

authorCA Deepak GuptadateJul 2, 2018
Last update on Jul 2, 2018

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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.

Please find below editorial on Additional Fees

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
  1. Filing of Annual Form for f.y. ended on or before 31st March, 2017
  2. Company fails to file AOC-4 and MGT-7 and having capital of Rs. 100,000/-
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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CA Deepak Gupta

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CA Deepak Gupta,is Co-founder of Studycafe. He is Microsoft Office Specialist and Corporate Trainer of AI Tools, Microsoft Excel. He is Finance Influencer having more than 250K followers on Social Media. CA Deepak Gupta, is Having more than 14 plus years of experience, and he has Worked with best brands Like, Hero, Wipro, Ericsson before Starting Studycafe. He has Trained more than 20000 Persons in Microsoft Excel, PowerPoint, Power BI, Google Sheet, Google Forms and Other Tools.
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