MCA has notified the Companies (Registration Offices and Fees) Amendment Rules, 2022, to effect Higher Additional Fee of upto 18 Times (as against existing 12 times) the Normal Fee for Late Filing, applicable w.e.f. 01/07/2022, by making amendments in Annexure to Companies (Registration Offices and Fees) Rules, 2014 relating to Filing Fee u/s 403 of the Companies Act 2013, vide Notification dt. 11/01/2022.
Amended Table/ Chart of Additional Fee and Higher Additional Fee (in certain cases) applicable w.e.f. 01/07/2022:
|Filing Delay period||Additional Fee (multiple of normal fees)||Higher additional fee in certain cases (multiple of normal fees)|
|upto 15 days (Forms u/s 139 and 157)||One (1) time||–|
|16-30 days (Forms u/s 139 and 157) and upto 30 days (remaining forms)||Two (2) times||Three (3) times|
|31-60 days||Four (4) times||Six (6) times|
|61-90 days||Six (6) times||Nine (9) times|
|91-180 days||Ten (10) times||Fifteen (15) times|
|181 days and above||Twelve (12) times||Eighteen (18) times|
To implement the above Higher Additional fee structure, corresponding amendments were made in Section 403 vide the Companies Amendment Act 2017 and the Companies Amendment Act 2020, however their effective/ commencement date has now been notified as 01/07/2022, as under:
i) MCA Notification dt. 11/01/2022: MCA notifies 01/07/2022 as the commencement date in respect of provisions of second and third proviso to clause (i) of section 80 of the Companies Amendment Act 2017.
It may be noted that Higher Additional Fee shall be applicable in certain cases for delay in filing of forms except for increase in Nominal Share capital or u/s 92 (Forms for Annual Return, Financial Statements) or u/s 137 (Forms for filing charges), wherein normal fee and additional fee of Rs. 100 per day of delay without cap limit shall continue.
Further, in the case of e form INC-22, or e-form PAS-3, higher additional fees shall be payable, if there is a delay in filing thereof on two or more occasions within a period of 365 days, except for cases where such e-forms have been filed upto 30/06/2022, i.e. before commencement of the Companies (Registration Offices and Fees) Amendment Rules, 2022.
Also, the additional fee shall not be applicable wherever the higher additional fee is payable/ applicable.