09 Quick FAQ’S ON- DPT-3 – Part – 3
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- Credit Card outstanding required to mention in DPT-3?
As per Rule 16 all outstanding loans required to mention in DPT-3. If there is any outstanding of Credit card it shall be consider as loan and need to mention in DPT-3.
- Director remuneration payable for more than one year. Whether to show this amount in DPT 3 or not?
As per Rule 16 all outstanding loans and advances required to mention in DPT-3. Remuneration payable to director is neither loan nor advance. Therefore, one can opine that it is not required to mention in DPT-3.
- Please find below list of Schedules Bank?
List of schedule Bank: https://rbidocs.rbi.org.in/rdocs/content/pdfs/BANKL13042020_I.pdf
- Whether PNB bank fall under category of Schedule Commercial Bank?
As per above List, PNB is part of Schedule commercial bank.
- There is no change in unsecured loans and any other loans/advances etc in the Balance Sheet as on 31.03.2021 as compared to Balance Sheet as on 31.03.2020. Still we need to file DPT-3?
As per Rule 16, doesn’t matter loan is related to which period. If it is outstanding as on 31.03.20212 then it is required to mention in DPT-3 form.
- Whether figures of DPT-3 can differ from the audited financial statement?
As per Rule 16, figures mentioned in DPT-3 should be audited figure. Further, one can opine figures of DPT-3 should be same as mentioned in Financial Statement of Company. Otherwise it shall be considered as noncompliance of the Law.
- Loan from HUF of Directors shall be considered as deposit or particular not considered as deposit?
There are two situations:
- If HUF is shareholder then it is allowed loan but required to mention in Deposit only. (Remote button 2 or 4) and certificate from auditor is also mandatory.
- If HUF is not a shareholder, than this loan is not allowed to take under Companies Act. Therefore, required to mention in Deposit only. (Remote button 2 or 4) and certificate from auditor is also mandatory. Company shall be liable to pay penalties also for the same as it is not allowed to take this loan.
- Whether private limited Company can accept loan from relative of shareholders?
As per definition of deposit, Loan from relative of shareholders is not allowed under Companies Act, 2013 and shall be consider as deposit and company is liable to pay penalties for the same.
- Whether it is mandatory to attached auditor certificate in DPT-3?
As per instruction Kit and circular issued by MCA, Auditor certificate is mandatory to attach in case company has clicked on remote button “Deposit” or “Deposit and particular not considered as deposit”. In other cases it is not required to attached auditor certificate with DPT-3.
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at email@example.com).
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