MCA vide its circular No 04/2021 dated 28th January, 2021 has given relaxation in the due date of filing of the e-form AOC-4 for the F.Y.. ended 31st March 2020. On the basis of this circular we have prepared some FAQ’s. Please find below the same:
Analysis (FAQ's) on Extension in Due Date of AOC-4Discussion on FAQ's received from professional Colleagues in our Gyan Gurukul in relation to the Extension of the due date of CFSS.
We have published a detailed article on the same on the below-given link:
|1.||What shall be the Due date of AOC-4 after the extension, for the F.Y. ended 31st March 2020|
|As per the circular, the Due Date for AOC-4 shall be 15 February, 2021.|
|2.||Whether a Company is required to file CFSS, if the Company has filed AOC-4 after the due date but up to 15th February 2021.|
|If AOC-4 is filed after 31st December 2020 or before 15th February 2021, then there is no need to file CFSS for the same.|
|3.||Whether an OPC can file their e-form AOC-4 without any late fees till 15th February 2021?|
|Yes, OPC can also take the benefit of the circular and can file their AOC-4 without any additional fees till 15th February 2021.|
|4.||Whether this extension is only related to the Companies, who have held their AGM on 31st December, 2020?|
|MCA has given this extension to all the Companies for the financial year ended 31st March 2020 irrespective of the date of AGM.
Therefore, one can opine that whatever is the date of the AGM of Companies for the F.Y. 31.3.2020, they can file their AOC-4 without any additional fees till 15th February 2021.
|5.||Whether this extension shall affect MGT-7 in any manner?|
|This extension circular is only related to AOC-4. Date of MGT-7 has not been extended. It shall be 60 days from the date of the AGM.|
|6.||If any OPC or company has already paid additional fees on AOC-4 filed before the issuance of this circular. Whether such companies can apply for the refund from MCA.|
|As per the reading of circular, it is nowhere mentioned about the refund of the access fees already paid by the Companies. As per the old practice, we can opine that there is no option to get refund of ROC additional fees paid by the companies before the issuance of this circular.|
|7.||Whether this extension is a part of the CFSS scheme or not?|
|This relaxation is not a part of the CFSS scheme. It is totally a separate extension circular passed by the MCA.|
|8.||Whether this extension shall be applicable on LLP’s also?|
|No, there is no extension for the LLP’s. LLP’s have to file their annual form with the additional fees only.|
|9.||Whether this extension shall be applicable on MGT-7 of an OPC also?|
|No, this extension in not applicable on MGT-7 of an OPC. For MGT-7, OPC’s have to pay additional fees w.e.f. 28th September 2020.|
|10.||Whether this extension is only related to AOC-4 only or other forms also related to AGM?|
|This extension is specifically given only for all types of AOC-4.|