MCA amends e-form DIR-3-KYC and web-form DIR-3-KYC-WEB

MCA amends e-form DIR-3-KYC and web-form DIR-3-KYC-WEB

MCA has notified the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2022 w.e.f. 29th August 2022. e-form DIR-3-KYC and web-form DIR-3-KYC-WEB as per annexure to the Companies (Appointment and Qualification of Directors) Rules, 2014 has been substituted.

In case of Indian nationals, Income-tax Permanent Account Number (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN. In such cases, director details should be as per Income-tax PAN. In case the details as per Income-tax PAN are incorrect, director/designated partner is advised to first correct the details in Income-tax PAN

Under the provisions of Section 447 read with section 448 and 449 of the Companies Act, 2013 punishment is provided for false statement / certificate and punishment for false evidence given in these KYC forms.

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• Object of assessment proceedings is not to find empirically correct solution on every fact issue – HC
• Penalty u/s 270A deleted as assessee filed revised computation during scrutiny
• Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT
• Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT
• Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT