EES- 2011

New companies are not covered under Easy Exit Scheme- 2011.

Ankur- Not agree with you.

Defunct co shall not be in business on OR after 1.4.2008. we have incorporated a co in 2010 and we are not carrying any business after 1.4.2008 (no business since incorporation). Also another thing-i just tried to fill EES form with some fake attachments and the prescrutiny was successful though the incpn date was showing as in 2010. if the scheme is like that-It coluld have rejected the form saying that 'date of incorporation is after 1.4.2008.

as per me- if the purpose of the scheme is analysed- they should allow the newly incorporated co also to come under this route.

Dear Santosh Ji,

Please read the definition of defunt company again. If that is the case then what is the purpose of specifing the date??

They may simply write "the company which is not in operation". But the purpose is that the company must be registered before 1st april 2008.

Secondly, the law would give time to the new companies to start its activity, there may be some delay or any other reason why the newly incorporated company could not start its activity.
 Whatever may be the reason Winging up or exit is the last option and in any case if there is any hope it is not recommended.

“defunct company” means a company registered under the Companies Act, 1956 which is not carrying over any business activity or operation on or after the 1st April, 2008 and includes a company which has not raised its paid up capital as provided in sub sections (3) and (4) of section 3 of the Companies Act, 1956;

if it was "Co must stop doing business before 1.4.2008"- situation would be very clear.

with ref to yr 2nd para- if co will go for voluntary exit-whethe they will disallow ?

Let me ask them directly and they can provide the right answer and i will update.

Ofcourse,

I agree with Mr. Ankur. It is only applicable on Co. incorporated before 1.04.2008

I had also come across the same situation. In my case Co. was incorporated in Nov 2008 and EES is not applicable on it. So its confirm that Co. should be incorporated before 1.04.2008

Thanks Nikita......

hi... all...

Can dormant company since incorporation apply in easy exit scheme 2011??

in company master data company status (for efiling) shown "DORMANT" and also Paid up capital shown as rs. 0.00.

while uploading the EES 2011 form for such company the following error is shown:- 

""Form cannot be filed as request for correction of company master data is pending for approval.""

Plz help its urgent... 

thnx in advance...

Hello

This is a old co of 2002 and didnt carry out anya nn filings from 2008. 

"Have one query. If the dormant company want to file Form EES 2011, can it directly file without filing Form 61. 

  yoy can file EES 2011 form without filling form 61

I agree with Praveen. EES form can be filed directly, without the need of filing form 61.