FAQ on various Question on DPT -3
Question: - Whether
loan received from the employee it liable to report in DPT-3?
Professional Opinion:-
Yes, it is
liable to report under DPT-3, because it is also a loan from employee.
Question: - Whether
advance received from the customer for provision of services or supplies of
Goods it liable to report in DPT-3?
Professional Opinion:-
Yes, it is
liable to report under DPT-3. Rule 2 (1) (C) of the Deposit Rules not covered
it into the meaning of Deposit. But for the Purpose of DPT-3, any amount
received in advance in the course of or the purpose of the company business, for
the supply of business or provision of the service or as a security deposit for
the performance of the contract for supply of goods or provisions of services
is liable to report.
Question: - Whether
NBFC is liable to report in DPT-3?
Professional Opinion:-
Yes, NBFC
are liable to report under DPT-3, because only Government Companies is
exempted.
Question: - My Client
is taken the loan before 01.04.2014 and repaid the same before 31.03.2019.
Whether such loan is liable to report?
Professional Opinion:-
No, it is
clearly mentioned in the notification that only all outstanding receipts of
money or loan as on 31.03.2019 is liable to report in DPT-3. So your dues is
clear before 31.03.2019, hence no dues as on reporting date, so you are not
liable to report such loan.
Question: - My Client
is taken the loan before 01.04.2014 and same is outstanding as on 31.03.2019.
Whether such loan is liable to report?
Professional Opinion:-
Yes, it is
covered under outstanding receipts of the money or loan hence liable to report.
Question: - If a
company does not accept any loan or does not having any outstanding loan, then
also company need to comply with the provisions of this rule?
If company does not accept
loan or does not having any outstanding loan, there is no need to comply with
the provisions of this rule.
Question: - Whether
information about secured loan, unsecured loan, ECB, loans between holding and
subsidiary is required to be furnished?
Professional Opinion:-
There is no specific exemption in the said
notification regarding the above referred loan, so, it can be concluded that
information about each and every outstanding loan as on 31.03.2019 is required
to be furnished.
Question: - What does
‘Particulars not considered as deposit’ means?
Professional Opinion:-
Loan exempted under deposit rules and section 73
shall be considered as particular of non-considered as deposit. For example
Loan from companies, Directors, Banks, Financial Institutions, Members etc. Thus
every loan taken by company is covered in Rule 16.
Question: - If company
received loan from Holding Company, Subsidiary Company or Associate Company.
Whether company need to file DPT-3?
Professional Opinion:-
As per rule 16 A DPT-3 is required to file for
each and every loan received by the company. Therefore, Company required filing
DPT-3 even for loan from Holding, Subsidiary or Associate Company.
Question: - If company
does not accept loan or does not having any outstanding loan. Whether need to
file DPT-3?
Professional Opinion:-
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