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Penalty For Late Filing of E-Forms Under Companies Act 2013

Penalty For Late Filing of E-Forms Under Companies Act 2013

Section 403:
Brief: If a assessee delays filing of e-form by more than 270 days from the time period granted for filing of the respective e-form, then penalty as given in the concerned section will be imposed.

Penalty For Late Filing of E-Forms Under Companies Act 2013

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Bare law:
Sec 403. (1) Any document, required to be submitted, filed, registered or recorded, or any fact or information required or authorized to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
Provided that any document, fact or information may be submitted, filed, registered or recorded, after the time specified in relevant provision for such submission, filing, registering or recording, within a period of two hundred and seventy days from the date by which it should have been submitted, filed, registered or recorded, as the case may be, on payment of such additional fee as may be prescribed:
Provided further that any such document, fact or information may, without prejudice to any other legal action or liability under the Act, be also submitted, filed, registered or recorded, after the first time specified in first proviso on payment of fee and additional fee specified under this section.

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(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the first proviso to that sub-section with additional fee, the company and the officers of the company who are in default, shall, without prejudice to the liability for payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.
Penalty Under Companies Act 2013
S.No. Particulars Section Penalty

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1. Commencement of Business Section 11(2) Company – upto Rs. 5,000/-Officer – upto Rs. 1,000/- per day
2. Return of Allotment Section 39(5) Company & officer in default: Rs. 1000/- per day or 1 lakh, whichever is less.
3. Intimate alteration of Capital Section 64(2) Company & officer in default: Rs. 1000/- per day or 5 lakh, whichever is less.

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4. Deposits Section 66(11) Officer will be liable u/s 447 and company will have to pay from Rs. 5 lakh to 25 lakh.
5. Charges Section 86 Company: Rs. 1 lakh to 10 lakhOfficer: Imprisonment upto 6 months and/or fine of Rs. 25000/- to 1 lakh
6. Annual Return Section 92 (5) Company: Rs. 50,000/- to 5,00,000/-Officer: Rs. 50,000/- to 5,00,000/- and/or imprisonment of 6 months
7. Filing of resolutions Section 117 (2) Company: Rs. 5 Lakh to 25 Lakh.Officer: Rs. 1 Lakh to 5 Lakh.
8. Retirement of Auditor Section 140(3) Auditor: Rs. 50,000/- to Rs. 5 Lakh
9. Intimation of DIN Section 157 (2) Company: Rs. 25,000/- to Rs. 1 lakhOfficer: Rs. 25,000/- to Rs. 1 lakh
10. Disclosure of Interest Section 184 (4) Director: Rs. 50,000/- to Rs. 1 lakh and/or imprisonment upto 1 year.

This isn’t the complete list, but for sure to make us aware of the stringent provisions of Companies Act, 2013.
Penalty For Late Filing of E-Forms Under Companies Act 2013

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