Penalty for late filing of the e-forms under Companies Act, 2013

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Beware friends!! Don’t delay the filing of e-forms under companies act by more than 270
days from the last date of filing the form!!
Let’s start with discussing the charging section of penalties.


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.
For eg: If the resolution to be attached in MGT-14 is
passed on 21.01.2015, then normal time to file the form is 30 days. Penalty
will be imposed if the person doesn’t file the form within 300 days from
21.01.2015 or if the form is not filed within 270 days from 20.02.2015.
Bare law:
Sec 403. (1) Any document, required to be submitted, filed,
registered or recorded, or any fact or information required or authorised 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.
(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.
Now, let’s discuss the penalty.
S.No.
Particulars
Section
Penalty
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.
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 lakh
Officer:
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 lakh
Officer:
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.
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