www.taxguru.

in
Tax Bar Association
(Registered under the Societies Registration Act, 1860)
Sreeram Market, 2nd Floor
Chatribari, Guwahati 781001 (Assam)
Email: taxbarghy1977@gmail.com

To Date: 21st December, 2020

Smt. Nirmala Sitharaman
Hon’ble Minister of Finance & Minister of Corporate Affairs,
New Delhi

Hon’ble Madam,

Subject: Request for Extension of Companies Fresh Start Scheme i.e. CFSS 2020 and LLP
Settlement Scheme 2020 (“Schemes”)

Tax Bar Association, Guwahati (hereinafter referred to as “TBA”) is one of the oldest
professional bodies of North East India which was established in the year of 1977 comprising
of Advocates, Chartered Accountants, Company Secretaries, Cost Accountants & Tax
Consultants as its members. TBA is working dedicatedly and continuously for the benefits of
the Professionals, Trade & Industry by way of imparting knowledgeable seminars & webinars
by various experts in Industry. As on this day we have more than 450 professionals & tax
practitioners associated with us from all over North-East India.

We believe in taking all the requisite steps and actions to ensure smooth & complete tax and
other statutory compliances by the stakeholders. We always believe in helping professionals
in resolving genuine grievances & effective implementation of law. We wish to bring to your
kind notice the following problems being faced by Companies, its directors and professionals
associated with them due to the ongoing COVID-19 pandemic and the resultant need to
further extend the Schemes.

We appreciate the efforts of the Government for the manner in which this pandemic has
been tackled and country is saved from community transmission phase of pandemic. We
congratulate and applaud the efforts of Ministry of Corporate Affairs, Government of India
for introducing the Schemes vide General Circular No. 12/2020 & General Circular No.
13/2020 dated 30.03.2020 with a view to bestow a chance to all the Companies to complete
their pending compliances without the requirement of paying additional fees and penalty,
and also to provide immunity from prosecution.

We also highly appreciate the extension of time provided by the Ministry vide General
Circular No. 30/2020 & General Circular No. 31/2020 dated 28.09.2020 for the Schemes
upto 31st December, 2020. This is a major step in the right direction from the Government
which provides an excellent opportunity for all the Companies to regularize their pending
compliances and to make a fresh beginning with a clean slate in the statutory compliances as
required under Companies Act, 1956 and Companies Act, 2013.

Contd………..p/2
 www.taxguru.in
Tax Bar Association
(Registered under the Societies Registration Act, 1860)
Sreeram Market, 2nd Floor
Chatribari, Guwahati 781001 (Assam)
Email: taxbarghy1977@gmail.com

:2:
Considering the wide spread outbreak of COVID-19 Pandemic, the Government of India had
imposed lockdown throughout the nation from 22 ndMarch, 2020. Although the Government
of India has taken various steps towards gradual unlocking of the country in phase wise
manner, but the severity & fear of Novel Corona Virus is not yet reduced.

With a fear of getting infected with the virus, people are hesitant to travel and during
lockdown work from home has also become a new normal especially in service sector. During
lockdown many people who have migrated to their native place have not returned back to
join their duties/offices due to various reasons. Due to restrictions in free movement of
people and vehicles are still in place, several industries and private offices are still not able to
resume functioning to their full capacity and are still struggling to function at a certain level
of normalcy. This also includes the offices of the Company Secretaries, Chartered
Accountants and various other professionals.

Most of the professional offices are forced to operate with reduced number of staff due to
corona related health issues. Access to client data is not available easily. The details required
for preparing required documents, forms and filing of the same with Registrar of Companies
(“RoC”) is taking more than twice the average time it usually takes for completion of the
assignment. Further, obtaining required information and compiling the same for filing
requires more time and efforts by the professionals more so when the professional takes the
responsibility about the correctness and fairness of the data submitted.

Moreover, various due dates are falling on 31st December, 2020 including filing of tax audit
report under Income Tax Act and considering the limitations & restrictions in place are
making it more difficult for the Companies and the professionals to comply with the present
extended due dates. We have been approached by many directors of various companies and
our professional members expressing their concerns at the difficulties being faced due to
COVID-19 pandemic.

Various concerns were raised by the directors and professionals of struck off companies
where the filing of required forms could not be done unless and until an order from
Honorable National Company Law Tribunal (“NCLT”) is obtained for revival of the company
and the same is filed with the jurisdictional RoC for making the necessary changes in the
Company Master Data on the MCA portal. Due to the COVID-19 pandemic, working of the
NCLT also remained at halt for a long period. Albeit the services of NCLT has resumed in a
phased manner and hearings are taking place through Video Conferencing (“VC”) still the
situation is far from normal and the NCLT has listed hearings of various revival matters after
the expiry of the Schemes.

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 www.taxguru.in
Tax Bar Association
(Registered under the Societies Registration Act, 1860)
Sreeram Market, 2nd Floor
Chatribari, Guwahati 781001 (Assam)
Email: taxbarghy1977@gmail.com

:3:

In view of above genuine hardships & difficulties being faced by the Professionals as well as
by the Trade and Industry, we hereby request your good office to kindly consider our
request to extend the due dates of Schemes to 31st March, 2021.

We will be highly obliged and appreciate if a timely and prompt decision (well before the
present extended date) is taken in this matter.

We look forward for your kind consideration to our genuine request.

For Tax Bar Association

CA. Gopal Singhania CS. Narayan Sharma

President Corporate Affairs Committee Chairman
Ph : 93650-09126; 98640-95646 Ph : 94350-18319; 70023-55913

Copy to:
1) Prime Minister’s Office, New Delhi;
2) Hon’ble Minister of State for Finance and Minister of State for Corporate Affairs,
Government of India, New Delhi;
3) The Secretary, Ministry of Corporate Affairs, Government of India, New Delhi;
4) The Regional Director, North Eastern Region, Ministry of Corporate Affairs,
Government of India, Guwahati;
5) The Registrar of Companies, North Eastern Region, Ministry of Corporate Affairs,
Government of India, Guwahati;