Background:
Under the Companies Act, 2013, every company is mandatorily required to file its Annual Return (Section 92) and Financial Statements (Section 137). The fees for filing such returns, statements and documents are prescribed under Section 403 of the Companies Act, 2013 read with the Companies (Registration Offices and Fees) Rules, 2014. W. e. f. 1st July 2018, a delay in filing Annual Returns or Financial Statements attracts an additional fee of ₹100 per day of delay, without any maximum cap.
To provide a one-time relief and enable companies to regularize pending filings in the MCA-21 registry, or alternatively apply for dormancy or closure, the Central Government, exercising its powers under Section 460 read with Section 403 of the Companies Act, 2013, has introduced the “Companies Compliance Facilitation Scheme, 2026 (CCFS-2026)” vide General Circular No. 01/2026 dated February 24, 2026. The Scheme condones delay in filing specified documents with the Registrar, wherever applicable. It is designed to enhance statutory compliance, ensure accuracy of the corporate registry, and assist inactive or defunct companies in opting for dormancy or strike-off at concessional fees.
Details of the Scheme: –
1. Effective Date & Validity:
The Scheme is effective from 15 April 2026 and remains in force till 15 July 2026
2. Applicability:
The scheme will be applicable to all companies except for the following who are permitted to file relevant e-forms which were due for filing on any given date in accordance with the provisions of this Scheme:
- Companies against which action of final notice for striking off the name u/s 248 of the Act (previously section 560 of Companies Act, 1956) has already been initiated by the Registrar.
- Companies which have filed applications for striking off their name from the register of companies.
- Companies which have filed for obtaining Dormant Status under section 455 of the Act before the inception of this Scheme.
- Companies which have been dissolved pursuant to a scheme of amalgamation under the Act.
- Vanishing companies.
3. Relevant E-Forms Covered under the Scheme:
(i) Forms under the Companies Act, 2013
- MGT-7 / MGT-7A – Annual Return
- AOC-4 (including CFS, NBFC (Ind AS), CFS NBFC (Ind AS), XBRL variants) – Financial Statements
- ADT-1 – Appointment of Auditor
- FC-3 / FC-4 – Forms relating to Foreign Companies
(ii) Forms under the Companies Act, 1956
- Form 20B / 21A – Annual Return
- Form 23AC / 23ACA (including XBRL versions) – Financial Statements
- Form 66 – Compliance Certificate
- Form 23B – Auditor-related filing
4. Structure of Fees Payable:
| Particulars | Fees Payable Under the Scheme | Relief Provided |
| Filing of Pending E-Forms | Normal Fees + 10% of Additional Fees | 90% reduction on additional fees |
| Dormant Status (e-Form MSC-1, Sec 455) | 50% of Normal Filing Fees | 50% fee concession |
| Strike Off (e-Form STK-2) | 25% of Applicable Filing Fees | 75% fee reduction |
5. Immunity Provisions:
- Immunity under Sections 92 & 137: If pending filings (Annual Return under Section 92 or Financial Statements under Section 137) are made under the Scheme:
- ✅ Before issue of notice by the adjudicating officer; OR
- ✅ Within 30 days from the date of such notice
No penalty shall be leviable, and proceedings shall be concluded (as per proviso to Section 454(3)).
Immunity will NOT apply:
-
- If filings are made after 30 days from issuance of notice: OR
- If an adjudication order imposing penalty has already been passed.
In such cases, the company and its officers must still pay the penalty (though filing fees under Section 403 remain payable as applicable).
- Immunity for Other Specified E-Forms: For e-forms such as ADT-1, FC-3, FC-4, 20B, 21A, 23AC, 23ACA, 23AC-XBRL, 23ACA-XBRL, 66, 23B:
Immunity from prospective penal action for delayed filing will be available if:
- The forms are filed under the Scheme; AND
- No prosecution has been filed, or no-show cause notice has been issued for adjudication before such filing.
6. What if the company fails to file pending forms under the Scheme?
The MCA has issued a clear warning. If the company remains non-compliant after the scheme window closes on 15 July 2026, the Registrars of Companies may exercise adjudication powers to take necessary action against entities that have not availed themselves of the scheme, which could result in significant financial penalties.
Conclusion:
The Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) represents a significant step by the Government towards “Ease of Doing Business” and strengthening corporate compliance through a facilitative and reform-oriented approach rather than a purely penal one. By offering substantial relief in additional fees and providing viable options for regularization, dormancy, or strike-off, the Scheme encourages companies to realign with statutory requirements under the Companies Act, 2013. It not only enables businesses to rectify past defaults in a cost-effective manner but also enhances the integrity, accuracy and transparency of the MCA registry. Companies should therefore make prudent use of this one-time opportunity to regularize their affairs and ensure long-term compliance sustainability.
The scheme is active only from 15th April 2026 to 15th July 2026, stakeholders must act within this 90-day window to avail the waiver on additional fees and gain immunity from potential penal actions. We Bizsolindia can assist and support to ensure any of the pending filings under this scheme.
Thank You.
CS Anita Patil
