MCA has issued circular on Clarification on extension of CFSS vide No. 03/2021 dated January 15, 2020 in respect of clarification of extension of late filing of form. Many queries received from professionals in whatsapp group “Gyan Gurukul” in respect of this circular like followings:
- “Which companies are eligible to take benefits of extension?”
- “Which forms are eligible for further extension?”
MCA came with Scheme on March 30, 2020 for all type of companies to file their forms even after due date without additional fees till December 31, 2020. This scheme ended on 01.01.2021.
Many representations made to MCA by professional/ corporate bodies for further extension of time period of CFSS. After all these representation MCA came with extension of CFSS for certain type of companies.
Name of New Scheme:
Scheme for condonation of delay for companies restored on the Registrar of Companies Between 01.12.2020 to 31.12.2020 u/s 252 of Companies Act, 2013.
This scheme came into effect from February 01, 2021.
This scheme is applicable on Companies whose order of Revival issued by NCLT between December 01, 2020 to December 31,2020.
This scheme is not applicable on Followings:
- Companies which was not in strike off.
- Companies whose strike off order came on or before November 30, 2020
- All Companies Except Companies whose revival order came b/w 01.12.2020-31.12.2020
Time Period of Scheme:
This Scheme shall be effective till March 31, 2021.
Form on which scheme is not applicable:
This Scheme shall not be applicable on following forms:
- SH-7 for increase in authorized share capital
- Charge related forms i.e. (CHG-1, CHG-4, CHG-8 & CHG-9)
Companies whose revival order came from NCLT in between 01.12.2020 to 31.12.2020 can file their pending forms (except forms mentioned above) with ROC without any additional fees w.e.f. 01.02.2021 to 31.03.2021.
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at firstname.lastname@example.org).
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