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        Corp. Laws, SEBI & IBC

        Instruction Contained in Circular of 1995 Modified to Achieve Filing of Documents by Companies with Less Delay

        November 22, 2010

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        The Ministry of Corporate Affairs has modified the instruction contained in circular No.14/3/87-CL-V Vol. III dated 21.3.1995 to permit the period for filing of documents with less delay. This has been done in the light of the fact that implementation of MCA-21 e-governance programme and mandating of e-filing has facilitated companies to file the documents on 24x7 basis. To improve the filings, standardization of payment of additional fee has been rationalized further. 

        Section 611(2) of the Companies Act, 1956 permits filing of documents with delay, without prejudice to any other liability, on payment of additional fee not exceeding ten times of the statutory fees for filing documents. 

        For details of the above mentioned modifications, General circular no. 4/2010 dated 22.11.2010, available on the website of the Ministry of Corporate Affairs i.e. www.mca.gov.in may be referred to. 

        The Ministry has advised the Companies/Professionals to file the documents without delay and avoid more additional fee.

        Click here to download the circular

        Companies' delayed filing fees now follow a tiered fixed schedule (2x, 4x, 6x, 9x) to promote prompt e filing. The Ministry revised the additional fee regime to a tiered fixed schedule for delayed filing (excluding Form 5): two times normal fee up to 30 days; four times for 31-60 days; six times for 61-90 days; nine times for over 90 days, effective 5 December 2010, while noting that statutory provision allows additional fee up to ten times and advising prompt e filing under the MCA 21 programme.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Companies' delayed filing fees now follow a tiered fixed schedule (2x, 4x, 6x, 9x) to promote prompt e filing.

                                The Ministry revised the additional fee regime to a tiered fixed schedule for delayed filing (excluding Form 5): two times normal fee up to 30 days; four times for 31-60 days; six times for 61-90 days; nine times for over 90 days, effective 5 December 2010, while noting that statutory provision allows additional fee up to ten times and advising prompt e filing under the MCA 21 programme.





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                                ActsIncome Tax
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