condonation of delay for restored companies

MCA had introduced a Companies Fresh Start Scheme and LLP Settlement Scheme which ran from 1st April, 2020 to 31st December, 2020 wherein companies who had delayed in filing of their past forms/ returns / filings could do so with no additional fees attached. The scheme was originally supposed to end on 30th September, 2020 but MCA extended it to 31st December, 2020. It was not extended further, despite several requests made to them.

Now the MCA has come up with another brainchild, but a vastly restricted one though. Many companies’ names were stuck off from the register due to non filings of annual financial statements or annual returns for two consecutive financial years. Such companies had filed an appeal in the National company law tribunal (NCLT). Once the orders are received from NCLT, then there is a huge process to go for regularizing the records at ROC offices and restoring the company status to active on the MCA portal.

Now for those companies who have been restored between 1st to 31st December, 2020, MCA has afforded another limited opportunity for a period of 3 months upto 31st March, 2021 to file all e-forms (except SH-7 and charge forms) without any additional filing fee. How the MCA will identify such companies on their portal, god only knows.

Copy of MCA circular no. 3/2021 is available at the MCA site viz. http://www.mca.gov.in

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