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Swathi Krishna

Swathi Krishna

CA Inter

7K+

26-Sep-20 10:52

21

Acceptance of deposits

If a company fails to repay the deposit within 2 years, but redeems within 2.5 years , then company is liable to pay interest @18% p.a for the 6 months rite. So will the company will be liable to the penalty u/s 74 also .

Answers (2)

CA YOGITA HARJANI

CA YOGITA HARJANI

Faculty

26-Sep-20 13:17

Penalty u/s 74 is applicable if such deposit was accepted before commencement of companies act 2013, and it is not repaid after commencement of the Act in 3 years or the tenure of deposit (whichever is earlier). If your ques talks about any such deposit accepted before commencement of Act, then, if there is an application sent to tribunal to punish the company for such delay, then sec 74 penalty may be applied by NCLT.

Swathi Krishna

Swathi Krishna

CA Inter

7K+

26-Sep-20 14:59

K, ma'am