Further Relaxation of Additional fees for AOC-4/CFS/XBRL/Non-XBLR, MGT-7/7A for F.Y.E. 31.03.2021

As per Section 92 of the Companies Act, 2013, every Company is required to file with the registrar, a copy of the annual return in the e-form MGT-7 or MGT-7A, within 60 days from the date on which the annual general meeting is held or where no annual general meeting (AGM) is held in any year, then within 60 days from the date on which the AGM should have been held.

According to section 96 of the Companies Act, 2013, every Company other than one person Company shall hold the annual general meeting within a period of 6 months from the date of closing of the financial year i.e. on or before 30th September 2021.

Hence, every company was required to file the annual return on or before 30th November 2021 (within 60 days from 30.09.2021) in e-form MGT-7/MGT-7A.

Moreover, as per section 137 of the Companies Act, 2013, every Company shall file with the registrar the audited financial statements (including consolidated financial statements) within 30 days from the date of AGM or where AGM is not held then within 30 days from the last date before which the AGM should have been held.

Accordingly, the due date of filing e-form AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL was 31st October 2021 (within 30 days from 30.09.2021).

The Ministry of Corporate Affairs (MCA) had extended the due date of filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL, and MGT-7, MGT-7A for the financial year ended on 31st March 2021 up to 31st December 2021 after taking into consideration the continued requests from the stakeholders on 29th October 2021 vide General Circular No. 17/2021.

Now MCA has further extended the due date of filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL up to 15.02.2022 and for filing of MGT-7 and MGT-7A up to 28.02.2022 after taking into consideration the requests of the various stakeholders.

Accordingly, relaxation of levy of additional fees for filing annual financial statements and annual returns for the financial year ended 31st March 2021 has been provided up to 15.02.2022 and 28.02.2022 respectively. Only normal fees shall be payable for the filing of the aforesaid e-forms on the MCA portal.

Read the full text of Circular…

General Circular No. 22/2021

F.No. 01/34/2013 CL-V-Part-III

Government of India

Ministry of Corporate Affairs

5th Floor, ‘A’ Wing, Shastri Bhawan,

Dr. Rajendra Prasad Road, New Delhi-1

Dated: 29th December 2021

To

DGCoA

All Regional Directors,

All Registrar of Companies,

All Stakeholders.

Subject: Relaxation on levy of additional fees in filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL and MGT-7/MGT-7A for the financial year ended on 31.03.2021 under the Companies Act, 2013 - reg.

Sir/Madam,

In Continuation to Ministry’s General Circular No.17/2021 dated 29.10.2021, keeping in view various requests received from stakeholders regarding relaxation of levy of additional fees for annual financial statement/return filings required to be done for the financial year ended on 31.03.2021, it has been further decided that no additional fees shall be levied up to 15.02.2022 for the filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL and up to 28.02.2022 for filing of e-forms MGT-7/MGT-7A in respect of the financial year ended on 31.03.2021 respectively. During the said period, only normal fees shall be payable for the filing of the aforementioned e-forms.

2. This issues with the approval of the competent authority.

Yours faithfully,

(KMS Narayan)

Deputy Director (Policy)

Copy forwarded for information and necessary action to - E-Governance section and (ii) Guard File.