TaxTMI 
TaxTMI 
Scheme for Filing of Statutory Documents and other Transactions by Companies in Electronics Mode
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....a. A programme of this size and magnitude, being comprehensive and complex, is bounded to face transactional problems in the initial stages after the roll-out on the ground. As such, it has been found necessary to provide for a stabilization period of one year for the programme till 31-3-2007. (3)(i) The e-Governance programme has been implemented following the BOOT (Built, Own, Operate and Transfer) framework. The project consists of the period required for implementation till roll-out stage at all sites with testing and certification, and the operation period of six years over which payments towards project cost in the form of fixed equated quarterly instalments would be made to the BOOT Operator by the project owner. The BOOT Operator is responsible for:- (a) designing and implementing the project till stage of roll-out at all sites with testing and certification thereof; (b) owning, operating and maintaining the system for a period of six years after successful roll-out at all sites; (c) undertaking necessary replacement investments at the end of the third year/beginning of the fourth year, ....
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....hysical papers due to various requirements such as stamp duty, signed copy of complaint by the complainant, provision of supporting documents, issue of certified copies of documents, etc.; the objective in the long-term remains to processing of all transactions in a complete electronics mode. (3) Issuance of certificates and such other approvals will continue to remain on paper and, as a general rule, will be dispatched by post/courier to the applicant. While the Ministry and its offices would be enabled to provide such approvals through appropriate electronic means with the development of the requisite technical environment to receive and validate electronic documents through appropriate means. (4) Suitable mechanisms are proposed to be evolved to progressively facilitate all transactions from the respective offices of the Ministry with its stakeholders interactively in the electronic mode in respect of matters related to obtaining additional information, clarifications and re-submissions, in addition to filing of statutory documents. 4. Implementation of the Programme (1) Website/Portal and Electronic Registry (a) The Government has created....
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.... is highlighted that the DIN is a one-time process and, once obtained, the individual will use this in all transactions. Suitable provisions have been made for updating any change in the particulars of a Director in the event of such change occurring after allotment of the DIN in the first stage. (b) The facility for allotment of DIN has been established even prior to the introduction of the related provisions in the Companies Act, 1956. The process of system generated provisional DIN was introduced to enable the companies to transact their businesses where a reference to the DIN was built into the software as necessary. A number of persons have generated provisional DINs and used such provisional DINs in their filings. The transactions made by the companies using such provisional DINs during the above transition period shall not be invalid on the ground that the provisional DIN holder had not submitted a formal application for the same. However, after the deadline for obtaining a DIN is reached, the system will allow only the regular DIN to be quoted in filings made thereafter. (3) e-Forms (a) Prior to the implementation o....
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....gnatures have already been made under the Information Technology Act, 2000 and the rules notified by the Central Government in this behalf vide Notification No. GSR 735(E), dated 29-10-2004. As such, all filings made from 16-9-2006 shall be required to be made with the use of Digital Signatures as provided for under various provisions of the Income-tax Act. (6) Electronic Address It is important that the companies acquire and communicate an electronic address to the Central Government at which any communications may be sent in the electronic mode. Accordingly, the companies shall be required to interact through the MCA Portal OR use valid e-mail IDs (for themselves or their authorized representatives) so as to enable the offices of the Central Government to interact with them. This would be necessary for interactions related to provision of clarifications, additional/supplementary information pertaining to a transaction, re-submission of transactions, where called for, and verification of status of the progress of transactions. (7) Attachments (a) The filing of various documents including annual returns and balance sheets envisages attachment of....
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....lectronic repository of part of the legacy data. All event-based filings by the companies immediately preceding the launch of the programme have also been captured in the electronic repository. It is expected that the data in the electronic Registry would get enriched substantially over a period of time as the electronic filings of Companies will add to the legacy records in a seamless manner. (10) Inspection of Public Documents The inspection of public documents was earlier carried out by inspection of physical files containing company documents available in the concerned RoC offices. The documents, in so far as these are available in digitized form, shall henceforth be available for public inspection through electronic means using the Internet. However, after the implementation of the e-Governance programme, the documents have been filed only in the electronic form and these are available only in electronic form. The users will have the option of looking at an index of documents available in electronic format. The documents can be accessed electronically upon payment of the statutory fees for a limited duration from the time of accessing the first documents of the given com....
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....t any charge. (c) A facility has been provided whereby the companies can access their Master Company Data. In case it is found that the Company Data is incorrect in respect of certain fields, the company would be required to enter the correct data against the appropriate field, enclose a copy of the evidence supporting such correction and send the same by post to the concerned Registrar of Companies in an envelop superscribed 'Master Company Data Correction'. Upon receipt of the request, the requisite changes would be incorporated after verification of the supporting evidence. (d) The facility of correction of Company Data has been made available without any charge only for a limited period of time (up to 31-12-2006). Accordingly, all the companies would be requested through public notices (both through the print media and the portal) to view their Company Master Data and take appropriate steps for correcting the same. (e) A similar facility has also been made available in respect of the 'Register of Charges' for the companies. (f) Where, for any reason, a....
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....ity is in the process of being made available under MCA-21 and is expected to be operational soon. In the case of on-line payment, the system generates a receipt of the fee amount paid by the user. (b) The use of on-line payment mode allows the facility of instant realisation of payment of statutory fees and enable faster delivery of services. As against this, in the off-line mode of payment, it may take a lead time of about 3-4 days for the Banks to intimate about the realisation of payment to the system. The service request gets activated only after confirmation of payment is received from the bank. (c) Keeping in view the possibility of duplicate payments in respect of the same services under on-line payment system, or payments made in excess of those prescribed, a refund process is proposed to be introduced whereby the refunds could be allowed in cases of duplicate/excess payments in genuine cases. However, the cases in which such requests for refunds would be entertained would be specifically indicated in the refund process. (15) Availability of Services and Sustainability (a) The Government....
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....lders to optimally use the facilities available under the e-governance programme from the comfort of their offices or homes and transact all business on-line from their virtual offices. However, in case the company representatives/professionals/stakeholders face any difficulties in using the system and the facilities from their virtual offices, for whatsoever reasons, adequate support and help would be available at the facilitation centres. However, for the purposes of filing of documents, the stakeholders would be required to bring their filings (e-forms and attachments duly authenticated with Digital Signatures) in soft-copies at these centres in computer readable media such as floppies or CDs or USB tokens. (17) Help Desk In a large scale Transition involving migration from a traditional paper based system to an e-Governance system, extensive facilitation and help would be needed by the stakeholders. With this in mind, help system has been provided at three levels: (a) through a central call centre with phone numbers published on the MCA portal; (b) e-mail facility that can be accessed through the portal; &nb....