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Condonation of delay scheme- 2018

Company Law

Condonation of delay scheme:- The Central Government had introduced the scheme of Condonation of Delay Scheme, 2018 (CODS, 2018) on 30th of December, 2017 to be effective from 1st January, 2018 which will remain in force 31st March, 2018. This scheme is applicable on the defaulting companies except the Companies which had been struck off.

In this case defaulting company means a company which has not filed its Financial statements or Annual return as required under the Companies Act, 1956 or Companies Act, 2013, as the case may be, and the rules made thereunder for a continuous period of three years.

Procedure:-

i) The DINs of the disqualified directors de-activated at present shall be temporarily activated during the validity of the scheme to enable them to file the overdue documents.
ii) The defaulting company shall file the overdue documents in the respective prescribed e-Forms paying the statutory filing fee and additional fee payable as per section 403 of the Act read with Companies (Registration Offices and fee) Rules, 2014 for filing these overdue documents.

iii) The defaulting company after filing documents under this scheme, shall seek condonation of delay by filing form e-CODS 2018 attached to this scheme along with a fee of Rs. 30,000/- (Rs. Thirty Thousand only) as prescribed under the Companies (Registration Offices and Fee) Rules, 2014 well before the last date of the scheme.

iv) The DINs of the Directors associated with the defaulting companies which have not filed their overdue documents and the e-form CODS, and these are not taken on record in the MCA21 registry and are still found to be disqualified on the conclusion of the scheme in terms of section 164(2)(a) r/w 167(1)(a) of the Act shall be liable to be deactivated on expiry of the scheme period.

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