TaxTMI 
TaxTMI 
2020 (9) TMI 1089
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....2020 and W.P.(C) 1310/2018 & CM No.5419/2018 1. The above applications have been filed by the petitioner(s) praying that the petitioner(s) be allowed to avail the benefit of 'LLP Settlement Scheme, 2020' dated 04.03.2020 read with the subsequent modification thereto vide Circular dated 30.03.2020. 2. By the said Scheme, the respondent no.1, exercising its power under Section 460 of the Companies Act, 2013 (extended to LLPs vide Gazette Notification No. G.S.R. 59 (E) Dated 30th January, 2020 under Section 67 (2) of the Limited Liability Partnership Act, 2008), allowed a one-time condonation of delay in filing statutorily required documents with the Registrar by the Limited Liability Partnerships. The said Scheme was floated by the resp....
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....ated and they are not available to the stakeholders for inspection. Further, due to not filing the required documents on time the LLPs and their designated partners are liable for criminal prosecution and the said LLPs cannot be closed till all compliances are completed. 6. As part of Government's constant efforts to promote ease of doing business it has been decided to give a Onetime relaxation in additional fees to the defaulting LLPs to make good their default by filing pending documents and to serve as a compliant LLP in future." 3. The Scheme, in paragraph 8(iii) states that the same is applicable to any "defaulting LLP" for the documents which were due to be filed till 31.10.2019. The "defaulting LLP" is defined in Cla....
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....rein had filed the present petitions alleging that they could not upload the statutory forms required under the Act to be uploaded by them due to a glitch in the system of the respondents itself. This Court, by its order dated 06.12.2018, observed as under: "4. It also appears that there are large number of LLPs, which had not filed Form-3 at the initial stage. Therefore, it may be apposite for the respondents to consider a onetime measure to enable all parties to complete the statutory filings. xxx 6. In the meanwhile, the respondents shall take steps to enable the petitioners to upload the pending forms electronically, within a period of two weeks from today, without payment of any additional fees. The question ....
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....t infact, a policy decision is also required to be taken if One Time Measure can be granted to enable all the parties to complete the statutory filing without penalties. The respondents shall also address the above contention raised by the counsel for the petitioners and convey its decision thereon." 10. On 13.01.2020, this court was informed that the decision was pending consideration before the Competent Authority. 11. The petitions could not thereafter be taken up for hearing due to the outbreak of Covid-19 pandemic. In the meantime, the respondents announced the above Scheme. 12. The plea of the petitioner(s) in the present applications is that they have been denied the benefit of the Scheme only on the ground that the....