FAQs On DIR-3 KYC .....₹5000 Penalty

-

                                   FAQs On DIR-3 KYC

  • Who is required to file DIR-3 KYC form?

For Financial year 2019-20 onwards - Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th September of the immediately next financial year.


  • But due date for KYC has been extended to 14th October, 2019

After expiry of the respective due dates, system will mark all non-compliant DINs against which DIR-3 KYC form has not been filed as ‘Deactivated due to non-filing of DIR-3 KYC’.


  • Who can file eForm DIR-3 KYC?

Any DIN holder who is filing his KYC details for the first time with MCA, must file all KYC details only through eForm DIR-3 KYC. There is no option for such a person to access the web-service for his KYC.

Further, any DIN holder who wants to update any information of his KYC details must update the same through filing of eForm DIR-3 KYC only. Please note that no update in details can be made by accessing the web-service for DIR-3 KYC.


  • Who can file KYC through DIR-3 KYC web-service?

Any DIN holder who has already submitted eForm DIR-3 KYC in any of the previous financial years and who does not require update in any of his KYC details as submitted, may perform his annual KYC by accessing DIR-3 KYC web service. No fee is payable up to the due date of each financial year. After the due date, a fee of Rs.5000 shall be payable.

  • Which details are required to be filled in the form?

Name (as per PAN database), Father’s Name (as per PAN database), “Date of Birth (DoB)” (as per PAN database), PAN Number (mandatory for citizens of India), Personal Mobile number, and Personal Email Address and Permanent/ Present address.

Further, Aadhaar is mandatory, if it is assigned. If not, then Voter ID or Passport or Driving License shall be attached. Accordingly, copy of any one of the above selected information is to be attached.

  • Is it mandatory to enter a unique mobile number and email ID in form DIR-3 KYC?

Yes. It is mandatory to enter your personal mobile number and personal email ID in the form DIR-3 KYC and the same has to be verified by an OTP process. Further, the mobile number and email ID must be unique such that it is not already linked with some other person in the DIN holders’ database.

  • Who are the signatories in DIR-3 KYC form?

The DIN holder and a professional (CMA/CA/CS) certifying the form are the two signatories in form DIR-3 KYC.

Please note that in case of Citizens of India, the PAN mentioned in the DSC is verified with the PAN mentioned in the form.

In case of foreign nationals, the name in the DSC affixed should match with the name entered in the form. DSCs affixed on the form should be duly registered on the MCA portal.

  • I am a disqualified director, am I required to file form DIR-3 KYC?

Yes. Any person who has been allotted DIN and where the status of such DIN is ‘Approved’, is required to file form DIR-3 KYC. Hence, disqualified directors are also required to file form DIR-3 KYC.

  • Whether multiple filing of form DIR-3 KYC is allowed?

System will not allow multiple filing of form DIR-3 KYC for an applicant. In case KYC is already filed for a DIN, and such DIN is entered again, system throws an error that the form is already filed.

  • With reference to the Companies (Registration Office and Fees) Fifth Amendment Rules, 2018 dated 20th September 2018, please clarify whether my DIN which was ‘Deactivated due to non-filing of DIR-3 KYC’ would be ‘Reactivated’ automatically.

No. Every DIN holder whose DIN has been ‘Deactivated due to Non-filing of DIR-3 KYC’ has to necessarily file eform DIR-3 KYC or perform KYC through web-service first along with applicable fee. Once the form (DIR-3 KYC) is filed, it is approved on STP basis. On approval, the system will automatically ‘reactivate’ the DIN. Non-compliant DIN’s status would remain ‘Deactivated due to Non-filing of DIR-3 KYC’.

  • When will the fee of Rs.5000(Rupees Five Thousand only) become payable applicable?

As per above rules, all cases of DIR-3 KYC filed from 30th September,2019 but Extended to 14th October, 2019 onwards will attract a fee of Rs.5000.

  • I have multiple DINs and have not filed DIR-3 KYC for any of the DINs. I want to surrender the DIN but while filing the form DIR-3 KYC, the DIN is not getting prefilled. Please suggest.

In case you have multiple DINs then you need to retain the oldest DIN and surrender all the latest DINs by filing DIR -5 eform. Please download the latest form DIR-5 from portal and try again.

  • I have multiple DINs and intend to surrender them. Also, I have not filed DIR-3 KYC for any of the DINs. Since my DIN is not getting prefilled, so should I file DIR-3 KYC first so that DIR-5 eform can be filed to surrender the DIN?

You are required to file DIR-5 first indicating therein all the DINs that you need to surrender (latest ones) and retain the oldest DIN. Please download the latest form DIR-5 from portal and try again.

  • I have two DINs and had filed DIR-3 KYC for the latest DIN. Now when I am trying to file DIR-5 form to surrender, DIN is not getting prefilled. Please guide.

Please download the latest form DIR-5 from portal for applying surrender of DIN entering therein the Oldest DIN in field no. 4 and the DIN to be surrendered (latest DIN) in field no. 5 of the form. Once your form is approved, all the associations with surrendered DIN would be automatically transferred to the oldest DIN retained.


Comments

Post a Comment

Popular posts from this blog

Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019

-
Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 Overview Focus on settling of legacy disputes related to central taxes viz. Central Excise, Service Tax and others, pending at various levels  Expected to be notified soon, with a specific window period to exercise the option • Proceedings under the scheme specifically stated to not be treated as a precedent for past and future liabilities. Relief in form of payment of part tax dues , waiver of interest and penalty and immunity from prosecution in relation to the matter and period covered Rules for carrying out the following provisions of the scheme are awaited: ─  Form for filing of declaration and manner for its verification Manner and constitution of designated committee and rules for its procedure and functioning Form and manner of estimation of amount payable by the declarant, making payment and intimation for withdrawal of appeal and discharge certificate to be granted to declarant. Eligibility...
Read more

Changes in online processing of GST Refund application.

-
Image
The GSTN has issued an advisory for the taxpayers for online processing of refund applications and single authority disbursement has been implemented. The taxpayers are advised to take note of the following changes: Electronic/ Online Processing of Form RFD-01: The taxpayers were filling refund application in form RFD-01A online. The RFD-01A form has been disabled on the portal. The taxpayer shall be able to file his refund application in form RFD-01 now. However, the taxpayer shall be able to view the status of RFD-01A applications also along with the new ones. The bank account details mentioned in the refund application shall be validated by the Public Financial Management System (PFMS) after filing of Form RFD-01. The taxpayers must ensure that the bank account details selected in the refund application are valid and correct. The taxpayer will need to change/ edit the bank account details (through the non-core amendment in registration in Forn REG-14) if there is a failure of ...
Read more

Place of Supply in GST u/s 10,11 & 12 of IGST Act, 2017

-
Image
Need for Determination of Place of Supply GST is destination based tax i.e., consumption tax, which means tax will be levied where goods and services are consumed and will accrue to that state. So, the state where they are consumed will have the right to collect GST. This, in turn, makes the concept of place of supply crucial under GST as all the provisions of GST revolves around it. The reasons why an accurate determination of place of Supply is important for business What is Place of Supply in GST Place of supply is that place for determining the right GST to be charged on Invoice like IGST or CGST and SGST/UTGST to be charge Types of Place of Supply 1) Place of Supply of Goods u/s 10 of IGST Act, 2017 2) Place of Supply of Goods imported into or exported from India  u/s 11 of IGST Act, 2017 3) Place of Supply of Services u/s 12 of IGST Act, 2017 Place of Suppy of Goods u/s 10 of IGST Act, 2017 Location of the goods at the time at which the movement...
Read more