Foreign Branch Office

Arun Kumar (Country Head) (27 Points)

29 March 2010  

A foreign company established a branch office in Feb 2007. It has not filed Form 44. In the meantime it has changed office to Chennai in 2008. All regulatory complaince with respect to TDS and RBI have been correctly done and company is audited for the period as well.

a. What will the total penalty applicable for late filing of Form 44.

b. Is there additional penalty for nonfiling of form 49 for change of address and Form52 for statement of accounts for 2 years? If so how much would this come to.

c. Should the company employ a CA firm or can this be done by the company personnel. One CA firm approached says the paper will not move incase we apply and atleast 2 visits to Delhi is required and possibly some encouragement as well.Is this true ? Does anybody have experience in late filing of Form 44 ? Would greatly appreciate your comments and views

Arun