DPT-3 — Return of Deposits & Exempt Borrowings (Annual)

Section 73 of the Companies Act, 2013: prohibition on acceptance of deposits except in accordance with the rules; every company that has received exempt borrowings must file an annual return. Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014: mandates filing of DPT-3 by 30 June covering the financial year ending 31 March; return must be certified by the statutory auditor; covers all amounts received that are not deposits but are required to be reported. Penalty for non-compliance under Section 73: up to Rs. 1 crore or twice the amount involved, whichever is higher; officers in default liable for imprisonment or fine.

DPT-3, formally known as the Return of Deposits, is a mandatory annual compliance for companies in India under the Companies Act, 2013. Despite its name, it covers not just deposits but also certain types of borrowings that are exempt from being classified as deposits. This includes amounts received from inter-corporate borrowings, security deposits from dealers, agents, or employees, loans or borrowings from directors, and advances received from customers or suppliers. The requirement stems from Section 73 of the Companies Act, 2013, which deals with the acceptance of deposits, and Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014, which specifies the filing of DPT-3. Every company, other than a government company, that has received such amounts during the financial year must file the DPT-3 return. The filing deadline is June 30th immediately following the end of the financial year — i.e., for the year ending March 31st, the due date is June 30th.

The return must be filed in the prescribed format on the MCA portal and must be accompanied by an auditor's certificate, as mandated by Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014. This certification ensures that the figures and details provided are accurate and in accordance with the company's financial records. The amounts that must be reported include all outstanding amounts at the beginning and end of the financial year, along with any receipts and repayments during the year, categorised by the nature of the exempt borrowing.

Non-compliance with the DPT-3 filing can attract penalties under Section 73 of the Companies Act, 2013. Specifically, if a company fails to file the return, it may be liable to a penalty which could extend up to Rs. 1 crore or twice the amount of the deposits or borrowings involved, whichever is higher. Additionally, officers in default may face imprisonment or fines as per the general penalty provisions. Thus, timely and accurate filing is critical for companies to avoid legal repercussions. Our service covers the full filing cycle: data collation, auditor co-ordination, form preparation on the MCA portal, and submission with acknowledgement delivery.