Vide MCA Notification dated
January 22, 2019, there is an amendment in the Companies (Acceptance of
Deposits) Rules, 2014 with regard to filing of e-Form DPT-3 relating to Return
of Deposit.
As per the above said
amendment, Annual Return in Form DPT-3 is required to be filed by all companies, except a Government Company,
to provide disclosure of -
·
Deposits, and
·
Transactions not considered as
deposits.
As per Rule 2 [1] [c], the
definition of the term deposit is an inclusive definition, which included any
receipt of money by way of deposit or loan or in any other form by a
company. The said definition of deposit
also excluded certain transactions from the purview of the term deposit.
Prior to the above said
amendment, the companies were required to give details regarding deposit
received in e-Form DPT-3. If
any money was received by the company which was excluded from the definition of
‘deposit’, such company was not required to file e-Form DPT-3.
Now, after the amendment, every
company, whether public or private, whether it has received any amount within
the definition of ‘deposit’ or not (i.e. falling under the excluded
categories), is required to file e-Form DPT-3.
Further, the Annual Return is
required to be filed on or before 30th June to furnish such details
as on 31st of March every year duly
audited by the Auditor of the Company.
As you are aware, the companies
are allowed to hold Annual General Meeting to consider and adopt its annual
accounts till 30th September (or any extension thereof) every year. Hence the companies were in a position to
complete its account audited till September.
However, the above requirement of filing e-Form DPT-3 mandates every company
to audit it accounts well in advance, so as to file such audited figures on or
before 30th June. Practically
this may put some hardship / difficulty to most of the companies. Probably we may expect some amendment to this
amendment.
Apart from the Annual Return, every
company other than Government Company is now required to file one-time return
for disclosure of details of outstanding money or loan received by a company
although not falling under the ambit of
deposit as defined in the Rules as above.
This one-time return covering
all such outstanding receipts of money or loans from April 1, 2014 to January
22, 2019 is required to be filed in Form
DPT-3 on or before April 22, 2019.
In effect, for the
year 2019, every company is now required to file e-Form DPT-3 on two occasions
– One Time Return on or before 22nd April, 2019 and the Annual
Return on or before 30th June 2019.
In the subsequent years, only Annual Return shall be filed.
