SHORT SUMMARY
Recently MCA has issued a Notification on 11th January 2022 for amendment in "Companies (Registration Offices and Fees) Amendment Rules, 2022". This notification is stated about "Higher Additional fees in Certain Cases".
![Analysis of the higher additional fees imposed by MCA Analysis of the higher additional fees imposed by MCA](/img/preview/paidnfree/analysis.jpg)
A. Language of Circular
The additional fees and higher additional fees shall be applicable in delay in filing of certain forms in certain cases.
Details of Additional Fees:
S. No. |
Period of Delays |
Additional fees as a multiple of normal fee |
Higher Additional fees as a multiple of normal fee |
1. |
Upto 15 days (Section 139&157) |
One time of normal fees |
|
2. |
More than 15days and upto 30 days (Section 139 &157) and upto 30 days in remaining forms |
2 time of normal filling fees |
3 time of normal filling fees |
3. |
More than 30 days and upto 60 days |
4 time of normal filling fees |
6 time of normal filling fees |
4. |
More than 60 days and upto 90 days |
6 time of normal filling fees |
9 time of normal filling fees |
5. |
More than 90 days and upto 180 days |
10 time of normal filling fees |
15 time of normal filling fees |
6. |
Beyond 180 days |
12 time of normal filling fees |
18 time of normal filling fees |
B. Effective Date of Notification
This Circular shall come into effect from 1st July 2022.
C. Non-Applicability of Circular
The Higher additional fees shall not be applicable on the following forms:
S. No. |
Form No |
Purpose of Form |
A. |
SH-7 |
Nominal Value of Shares |
B. |
AOC-4 |
Filing of Financial Statement |
C. |
MGT-7 |
Annual Return |
Quick Bite
1. As per the Circular on which form these Higher Additional fees shall be applicable
This Higher additional fee shall be applicable on following forms:
S. No. |
Form No |
Purpose of Form |
A. |
PAS-3 |
Allotment of Shares |
B. |
INC-22 |
Shifting of Registered office |
2. In which situation Higher additional fees shall be charged?
Higher additional fees shall be charged on above mentioned two forms in the situation:
- If there is a delay in filing of above forms.
- On two or more occasions.
- Within a period of 365 days from the date of filing of last such belated e-form
3. Example of charging of Higher Additional Fees?
Situation 1:
- If Board Resolution of allotment passed on 1st January 2021
- PAS -3 filed on 30th March 2021.
- Next allotment made on 30th June 2021.
- PAS-3 file after 30 Days
In such case, Higher additional fees shall be applicable on Second PAS-3.
Condition to be fulfilled for higher additional fees:
- The First form should be filed after the due date.
- Second form should also be filed after 30 days.
- Date of filing of Both forms should be within 365 days
Conclusion
Based on the above discussion, one can opine that higher additional fees shall be levied only on PAS-3 and INC-22 in case of delay in filing of forms, more than once in 365 days.