Analysis of the higher additional fees imposed by MCA

CS Divesh Goyal , Last updated: 29 January 2022
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SHORT SUMMARY

Recently MCA has issued a Notification on 11^th January 2022 for amendment in "Companies (Registration Offices and Fees) Amendment Rules, 2022". This notification is stated about "Higher Additional fees in Certain Cases".

Analysis of the higher additional fees imposed by MCA

A. Language of Circular

The additional fees and higher additional fees shall be applicable in delay in filing of certain forms in certain cases.

Details of Additional Fees:

S. No.	Period of Delays	Additional fees as a multiple of normal fee	Higher Additional fees as a multiple of normal fee
1.	Upto 15 days (Section 139&157)	One time of normal fees
2.	More than 15days and upto 30 days (Section 139 &157) and upto 30 days in remaining forms	2 time of normal filling fees	3 time of normal filling fees
3.	More than 30 days and upto 60 days	4 time of normal filling fees	6 time of normal filling fees
4.	More than 60 days and upto 90 days	6 time of normal filling fees	9 time of normal filling fees
5.	More than 90 days and upto 180 days	10 time of normal filling fees	15 time of normal filling fees
6.	Beyond 180 days	12 time of normal filling fees	18 time of normal filling fees

B. Effective Date of Notification

This Circular shall come into effect from 1^st July 2022.

C. Non-Applicability of Circular

The Higher additional fees shall not be applicable on the following forms:

S. No.	Form No	Purpose of Form
A.	SH-7	Nominal Value of Shares
B.	AOC-4	Filing of Financial Statement
C.	MGT-7	Annual Return

Quick Bite

1. As per the Circular on which form these Higher Additional fees shall be applicable

This Higher additional fee shall be applicable on following forms:

S. No.	Form No	Purpose of Form
A.	PAS-3	Allotment of Shares
B.	INC-22	Shifting of Registered office

2. In which situation Higher additional fees shall be charged?

Higher additional fees shall be charged on above mentioned two forms in the situation:

If there is a delay in filing of above forms.
On two or more occasions.
Within a period of 365 days from the date of filing of last such belated e-form

3. Example of charging of Higher Additional Fees?

Situation 1:

If Board Resolution of allotment passed on 1^st January 2021
PAS -3 filed on 30^th March 2021.
Next allotment made on 30^th June 2021.
PAS-3 file after 30 Days

In such case, Higher additional fees shall be applicable on Second PAS-3.

Condition to be fulfilled for higher additional fees:

The First form should be filed after the due date.
Second form should also be filed after 30 days.
Date of filing of Both forms should be within 365 days

Conclusion

Based on the above discussion, one can opine that higher additional fees shall be levied only on PAS-3 and INC-22 in case of delay in filing of forms, more than once in 365 days.

Also Read: MCA amends Section 403 of the Companies Act 2013 and Companies Amendment Rules, 2022 to come into force w.e.f. 1st July, 2022