Charge For Late Filing of E-Forms Under Companies Act,2013 In this post we also Supply Which Section of Companies Act is Charge Penalty for Late Filing of E-Forms.
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Charge For Late Filing of E-Forms Under Companies Act, 2013
Be careful friends!! Do not postpone the filing of e-forms under business act bymore than 270 days from the last date of submitting the type!!
Let’s start with going over the charging section of charges.
Section 403:
Quick: If a assessee delays filing of e-form by more than 270 days from the time period granted for filing of the particular e-form, then penalty as given up the worried section will be imposed.
For eg: If the resolution to be connected in MGT-14 is passed on21 Charge will be imposed if the person doesn’t submit the type within 300 days from 21.
Bare law:
Sec403 ( 1) Any file, needed to be submitted, submitted, signed up or tape-recorded, or any reality or details needed or licensed to be signed up under this Act, will be sent, filed, signed up or taped within the time defined in the appropriate arrangement on payment of such fee as might be recommended:
Provided that any document, truth or information may be sent, filed, signed up or taped, after the time defined in appropriate provision for such submission, filing, registering or taping, within a period of 2 hundred and seventy days from the date by which it need to have been sent, submitted, registered or recorded, as the case may be, on payment of such extra fee as might be recommended:
Supplied further that any such document, reality or info may, without prejudice to any other legal action or liability under the Act, be likewise sent, filed, signed up or tape-recorded, after the very first time defined in very first proviso on payment of charge and extra fee specified under this section.
( 2) Where a business fails or devotes any default to send, submit, register or tape any document, reality or details under sub-section ( 1) before the expiry of the duration defined in the first proviso to that sub-section with additional charge, the company and the officers of the business who are in default, shall, without prejudice to the liability for payment of cost and extra cost, be accountable for the charge or punishment supplied under this Act for such failure or default.
Charge Under Companies Act 2013
| S.No. | Details | Area | Charge |
| 1. | Commencement of Business | Section 11( 2 ) | Company– upto Rs. 5,000/- Officer– upto Rs. 1,000/- daily |
| 2. | Return of Allocation | Area 39( 5 ) | Business & officer in default: Rs. 1000/- each day or 1 lakh, whichever is less. |
| 3. | Intimate modification of Capital | Area 64( 2 ) | Company & officer in default: Rs. 1000/- each day or 5 lakh, whichever is less. |
| 4. | Deposits | Area 66(11) | Officer will be accountable u/s 447 and business will need to pay from Rs. 5 lakh to 25 lakh. |
| 5. | Charges | Area 86 | Business: Rs. 1 lakh to 10 lakhOfficer: Imprisonment upto 6 months and/or fine of Rs. 25000/- to 1 lakh |
| 6. | Yearly Return | Section 92 (5 ) | Company: Rs. 50,000/- to 5,00,000/- Officer: Rs. 50,000/- to 5,00,000/- and/or imprisonment of 6 months |
| 7. | Filing of resolutions | Section 117 (2 ) | Business: Rs. 5 Lakh to 25 Lakh.Officer: Rs. 1 Lakh to 5 Lakh. |
| 8. | Retirement of Auditor | Section 140( 3 ) | Auditor: Rs. 50,000/- to Rs. 5 Lakh |
| 9. | Intimation of DIN | Section 157 (2 ) | Business: Rs. 25,000/- to Rs. 1 lakhOfficer: Rs. 25,000/- to Rs. 1 lakh |
| 10 | Disclosure of Interest | Section 184 (4 ) | Director: Rs. 50,000/- to Rs. 1 lakh and/or imprisonment upto 1 year. |
This isn’t the total list, but for sure to make us aware of the strict arrangements of Companies Act, 2013.
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