MCA Decides to Relax Additional Fees and Extend the Last Date of Filing of Form CRA-4

The Ministry of Corporate Affairs (MCA) by way of the General Circular No 38/ 2020, issued on 01.12.2020, provided relaxation on additional fees required for filing Form CRA 4 under the provisions of the Companies Act 2013. Also, it has extended the last date of filing the said form for the Financial Year 2019 – 2020.

Further, the said circular was in continuation to the General Circular No 29/ 2020 issued by MCA on 10.09.2020.

In this blog, we will discuss the concept of the Form CRA 4, together with the consequence of the General Circular No 38/ 2020.

Concept of Form CRA 4

The term “Form CRA 4” denotes an MCA Form for Filing Cost Audit Report with the government. The said form is filed by the company (whether Private Limited or Public Limited) within thirty days on the receipt on the Audit Report from the Cost Auditors.

Further, the provisions of section 148 (6) of the Companies Act 2013^[1], together with rule 6 (6) of the Companies (Cost Records and Audit) Amendment Rules 2019 governs this MCA form.

Need for Issuing General Circular No 38/2020

The main reason behind the issuance of General Circular No 38/ 2020 was to provide relief to various stakeholders, who have sent representations regarding the extension of the due date for filing Form CRA 4 due to impact of the COVID 19 outbreak.

As a result, MCA has declared that the last date for furnishing the Cost Audit Report by the Cost Auditors to the Board of Directors has been extended to 31.12.2020 from 30.11.2020. Also, the same will not be in violation to rule 6 (5) of the Companies (Cost Records and Audit) Amendment Rules 2019.

Accordingly, the CAR (Cost Audit Report) for the Financial Year 2019 – 2020, which ended on 31.03.2020, will be submitted by the company in E-form CRA 4 within 30 days from the receipt of the said report.

What if Company Extends the Time for Holding AGM?

In case a company extends the time period for holding AGM (Annual General Meeting) for the said financial year, then, in that case, the said company can file MCA Form CRA 4 within the prescribed time frame. Also the same should be in accordance with Rule 6 (6) of Companies (Cost Records and Audit) Amendment Rules 2019.

Conclusion

In a nutshell, the main aimof issuing General Circular No 38/ 2020 was to give some relief to the stakeholders of various levels, who have sent their representations regarding the extension of the due date for filing Form CRA 4 due to impact of the COVID 19 outbreak.

Further, in case of any other doubt and query, reach out to Swarit Advisors.

General Circular No 38/2020

Also, Read: Company Auditor’s Report Order (CARO), 2016-Reporting Requirements