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DPT-3 Form

07 December 2019

Form DPT-3 is mandatory for all companies except Govt. Co? is there any conditions for filling DPT-3 form? and What if the company cannot file DPT-3 Form even though company have Deposits?

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CS Rashi Jain (Practicing Company Secretary @ RASHI JAIN & ASSOCIATES) (1295 Points)
Replied 21 March 2020

If the company does not adhere to the requirements of DPT 3 and keeps accepting deposits then it will face the following consequences
Under Section 73
A penalty of minimum 1 crore or twice the amount of deposits whichever is lower, which may extend to Rs. 10 crore
For every officer who is in default imprisonment up to 7 years and with a fine not less than Rs. 25 lakhs which may extend to Rs. 2 crores.
Under Rule 21:
On the company and every officer in default a fine which may extend up to Rs. 5000, and where the contravention is a continuing one, a fine of Rs. 500 for every day since the default.
Others:
There is no established view, if a NIL return must be filed, however, it is always beneficial to take the conservative approach and file a NIL return.