Home Company Law - Editorial FAQ’S ON DPT-3

FAQ’S ON DPT-3

by CS Divesh Goyal
1 comment 3090 views

10 Quick FAQ’S ON- DPT-3 – Part – 2

To receive Part I of FAQ’s drop us message on whatsapp 8130757966

  • While filing DPT-3 for f.y. 2020-21, which date shall be mentioned for Closing of Account at colloum 7(a)?

As per instruction Kit, Company must mention date of ‘Last Closing of Account’ at colloum no. 7(a). Therefore, one can opine that for the fy 2020-21 date of last closing of account shall be 31st March, 2021.

 

  • If a Company having only exempted deposits, whether such company required to file DPT-3?

As per provisions of Rule 16, even in the case of only exempted deposit companies are required to file DPT-3.

*As private limited Companies are not allowed to accept deposit. Therefore, practically all the DPT-3 forms of private company shall be filed for exempted deposit.

 

  • While filing DPT-3 for f.y. 2020-21, which year Net worth shall be mentioned at colloum 8?

Collum No 8 of DPT-3 asked for ‘Net Worth as per the latest audited balance sheet preceding the date of the return’. Therefore, at the time of filing of DPT-3 whatever last audited balance sheet is available (whether related to 2020-21, 2019-20 or 2018-19 etc) the figures of from that balance sheet required to mention in DPT-3.

 

  • Whether date of DPT-3 is extended by MCA for f.y. 2020-21?

Due date of filing of DPT-3 not extended by MCA for f.y. 2020-21. Due date for 2020-21 is 30th June 2021.

  • If a Company having only Loan from Director as on 31.03.2021, whether such company required to file e-form DPT-3?

As per Rule 16, doesn’t matter from whom loan is outstanding in the book. If there is any loan outstanding in the books as on 31.03.2021 then such company needs to file e-form DPT-3 for the same.

  • If a Company having only Loan from any one of followings, whether such company required to file e-form DPT-3?
  • Loan from another Company
  • Loan from Bank or NBFC
  • Loan from Shareholders
  • No Loan but advance from customers

As per Rule 16, doesn’t matter from whom loan is outstanding in the book. If there is any loan or advance outstanding in the books as on 31.03.2021 then such company needs to file e-form DPT-3 for the same. Therefore, in all the above cases companies are required to file DPT-3.

  • If a Company having outstanding creditors in the books as on 31.03.2021 whether their amount is required to mention in DPT-3?

As per Rule 16, Companies are required to mention amount of outstanding Loan or advance from the customers. Company has not taken loan or not taken advance money from creditors. Therefore, it is not required to mention in DPT-3.

  • If a Company having outstanding debtors in the books as on 31.03.2021 whether their amount is required to mention in DPT-3?

As per Rule 16, Companies are required to mention amount of outstanding Loan or advance from the customers. Company has not taken loan or not taken advance money from Debtors. Therefore, it is not required to mention in DPT-3.

  • If Company has taken loan from shareholders. Whether such loan shall be considered as exempted deposit or deposit for the purpose of DPT-3?

As per instruction kit and provision of Companies Act, 2013 loan from shareholder shall be considered as Deposit. Therefore, whether private or public company has taken loan from shareholders. They have to select ‘Deposit’ as remote button and mention details of loan from shareholder in that collum. 

  • 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 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

 

 

You may also like

1 comment

09 Quick FAQ’S ON DPT-3 – Part – 3 - CS Divesh Goyal June 23, 2021 - 9:01 pm

[…] Posts 09 Quick FAQ’S ON DPT-3 – Part –… FAQ’S ON DPT-3 DUE DATE CALENDAR F.Y. 2021-22 (01.04.2021 – 31.03.2022) FSSAI makes it obligatory for […]

Reply

Leave a Comment