Ministry of Corporate Affairs (MCA) increases late filing fees up to 18 times in certain cases of delay in filings.
MCA vide notification dated 11th January 2022 has notified the provisions of section 56 of the Companies (Amendment) Act, 2020 along with Companies (Registration Offices & Fees) Amendment Rules, 2022 which shall come into effect from 1st July 2022 onwards.
According to the said provisions, whenever there is a default on 2 or more occasions in filing certain e-forms prescribed under the Companies Act, 2013, then such delayed filings shall be subject to the payment of higher additional late filing fees as below:
| Period of delay | Additional late filing fees (in normal cases) | Higher additional late filing fees (in certain cases) | e-forms not covered |
| Upto 15 days | 1 time of normal filing fees | Nil | • SH-7 (increase in authorized share capital |
| 15 – 30 days | 2 times of normal filing fees | 3 times of normal filing fees | • MGT-7 and MGT-7A (annual return) |
| 30 – 60 days | 4 times of normal filing fees | 6 times of normal filing fees | • AOC-4, AOC-4 (CFS) |
| 60 – 90 days | 6 times of normal filing fees | 9 times of normal filing fees | and AOC-4 XBRL |
| 90 – 180 days | 10 times of normal filing fees | 15 times of normal filing fees | (annual audited financial statements) |
| More than 180 days | 12 times of normal filing fees | 18 times of normal filing fees | • Charge related forms such as CHG-1 and C |
Waiver of late filing fees on financial statements & annual return filed till 15th February 2022 & 28th February 2022 respectively for Financial Year (FY) 2020-21
MCA vide circular dated 29th December 2021 has notified that no late filing fees shall be levied upto 15th February 2022 for filing financial statements for FY 2020-21 with the Registrar of Companies (ROC) in the prescribed e-forms such as AOC-4, AOC-4(CFS), AOC-4 XBRL & AOC-4 Non-XBRL.
Further no late filing fees shall be levied upto 28th February 2022 for filing annual return for FY 2020-21 with the ROC in the prescribed e-forms MGT-7 & MGT-7A.
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