General Circular No:  7/2003

 

No.2/5/2002-CL.V

Government of India

Ministry of Finance and Company Affairs

Department of Company Affairs

 

5^th floor, `A’ Wing, Shastri Bhavan,

Dr. Rajendra Prasad Road, New Delhi-110 001.

 

Dated:     27^th January, 2003

 

 

To

 

All Regional Directors

All Registrars of Companies

 

Subject:-  Refund of excess Registration Fees deposited by companies for Form No.5.

 

Sir,

 

            The Department had issued a notification No.S.O.419 (E) dated 27^th April, 2000 revising Schedule X to the Companies Act, 1956 for filing a notice for increase in the nominal share capital of a Company.  In the said notification an anomaly had crept in, on arriving at the difference between the fees payable on the nominal share capital on the date of filing of the notice and the fees paid on the nominal share capital before the increase.  Therefore, by a further notification of No. S.O. 658(E) dated 12^th July, 2000 effective from 12^th July, 2000, the said anomaly was removed.  The notification had come to notice of the public after a few days and during the intervening period, a few Companies had paid fees calculated on the basis of the notification dated 27^th April, 2000 and thereby they had paid excess fees for registration of Form No.5.

 

2.            Companies have approached the department and courts for refund of the excess registration fees paid by them on account of the said anomaly.

 

3.         The department has decided in consultation with Integrated Finance Division to refund the excess registration fees paid by Companies on or after 12.7.2000.  It is, hereby, clarified that Companies may seek refund by making a fresh request to the concerned Registrar of Companies (ROC) with proof of excess payment. It is further clarified that only the actual excess registration fees and interest, if any, charged by the ROC on late filing of Form No.5 would be refundable. The Companies will not claim any cost and interest.

 4.         ROC concerned will forward the claim of the Company duly certified by the concerned Pay & Accounts Officer to the department for issue of “Refund Sanction Order”.

 

5.         It is further clarified that no other notification other than notification No. S.O. 419(E) dated 27^th April, 2000 and notification No. S.O. 658(E) dated 12^th July, 2000 only are dealt with herein above.

 

6.         This issues with the concurrence of Integrated Finance Division vide their Diary No. 51/CA/03 dated 20.01.2003.

 

           

Yours faithfully,

 

 

 

                                                                                                (N.K. Vig)

                                                                        Under Secretary to the Govt. of India

                                                                                    (Ph: 2338 7174)