Home Company Law - Editorial e-form DPT-3 – Process of Selection of Remote Button

e-form DPT-3 – Process of Selection of Remote Button

by CS Divesh Goyal

The Ministry of Corporate Affairs has issue e-form DPT-3 w.e.f. 01st May, 2019. In this Flash Editorial author begins by referring the check list for filing of e-form DPT-3

S. No. Purpose of Form Applicability  
1.       Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014 In case of filing of One time Return – This point have to Select Column No.14
2.       Return of Deposit

In case Company accepted Deposit as per Section 73- Practically Only Public Company can accept Deposits

Column No.  9-12
3.       Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 In case Company has not accept deposit. However, having Loans or receiving’s which not deposits are.

 e.g loan from Bank, another Company, loan from directors owned fund etc.

Column No.15
4.       Return of Deposit and Particulars of transactions by a company not considered as deposit If company having deposit and loan other then deposit both then have to select this option. Column No.  9-12 & 15

However, After Click on applicable option from above 4, form will give other option to fill details.

8. Net Worth of Company:

Net Worth as per the latest audited balance sheet preceding the date of the return. As per language of e-form DPT -3 “Net Worth as per the latest audited balance sheet preceding the date of the return”.

Ground of Discussion:
As per Rule 16 Every company….. file with the Registrar, a return in Form DPT-3……. furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.

Therefore, one can opine that it is very clear by language of Law that figures of Net worth calculation should be last audited financial.

e.g. DPT-3 filed for 31st March, 2020 then audited net worth figure should be related to date 31st March, 2019.

 

 

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

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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