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June 26, 2021

ICSI request extension of CFSS and DPT3 filing

by CA Shivam Jaiswal in Income Tax

ICSI request extension of CFSS and DPT3 filing

The Institute Of Company Secretaries of India

MCA: 2021

25th June 2021

Shri Rajesh Verma, IAS Secretary

Ministry of Corporate Affairs Government of India

Shastri Bhawan, Dr.Rajendra Prasad Road New Delhi -110001

Subject: Request for extension of timelines due to COVED-19-reg.

Respected Sir,

We extend our heartfelt gratitude towards the Ministry of Corporate Affairs (MCA) for having extended various relaxations to the corporate and other stakeholders in the times of 2nd wave of COVID-19. As your goodself is aware, the impact of second wave of COVID-19 pandemic is widespread and the country is in the phase of recovery from the crisis, which may take some time as many of the States are still under partial lockdown or under certain strict restrictions. In the challenging times, stakeholders are putting best of their efforts to do the compliances and MCA also is extending all possible support to the corporates.

Considering that the Country is still under recovery phase and Corporates are finding it difficult to work with full capacity, we request your esteemed office to consider relaxations in due dates of the following, in line with various other relaxations extended by the MCA:

S.No.Rule/Section/ CircularParticularsSuggestion
`1Companies Fresh Start Scheme, 2020 (CFSS 2020) issued vide MCA General Circular No. 12/2020 dated 30th March 2020.The Companies Fresh Start Scheme introduced on    the    1st          April,    2020,    offered       one-time opportunity    to   the    defaulting   companies    to complete     pending     compliances      by     filing necessary         documents    in   the           MCA      registry without being subject to a higher additional fees on account of any delay. The said scheme was extended till 31st December, 2020 vide MCA General    Circular    No.    30/2020    dated    28th September 2020 . Clause 6(vii) of  CFSS 2020 require filing of Form CFSS-2020 after closure of the Scheme and after the documents are taken on file, or on record or approved by the Designated Authority as the case may be but not after the expiry of six months from the date of closure of the Scheme.
The Scheme ended on 31St December 2020 and hence the due date of filing this Form is up to 30th June, 2021
The due date for filing      of     Form CFSS-2020 may be extended      by     1 (one)       month    i.e. Up to 31st July, 2021.
S.No.Rule/Section/ CircularParticularsSuggestion
2E form-DPT-3 Pursuant to Rule 16 of The Companies (Acceptance     of Deposits)       Rules, 2014Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every company other than Government company. Every company other than Government company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 3] st day of March of that year duly audited by the auditor of the company.The due date for filing of Form DPT 3, for the year ended 31″ March, 2021 may be extended upto 31st July, 2021.

We hope that the above submissions would be considered favourably.

We shall be pleased to provide any further information in this regard on hearing from your goodself. Thanking You,

Yours faithfully,

(CS Asish Mohan) Secretary

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