Much Awaited Certification from MCA regarding Requirement of Auditor Certificate in DPT-3. Many professional reported that MCA reject the form DPT-3 in case other that Return on depo
Rule 16 of Companies (Acceptance of Deposits) Rules, 2014
Every company other than Government company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.
In this regard, the Ministry of Corporate Affairs vide its letter no. File No: P-01/08/2013- CL-V Vol. VI dated June 24, 2019 has clarified on the matter as under:
- The Auditor’s Certificate is mandatory only in case of return of deposits.
- For filing particulars of transactions not considered as deposits information contained therein as on 31st March of that year need not be from the duly audited Financial Statement.
- Only in case of Return of Deposit information contained therein as on 31st March of that year should be from duly audited financial statement of the company.
In Simple Word, Auditor certificate is not required which is not amounting to deposit as per rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014. i.e exempted deposit.