The Silent Compliance Deadline Most Pvt Ltd Companies in Kolkata Forget: DPT-3 and MSME-1

DPT-3 and MSME-1 filings rarely get mentioned, but have severe penalties for late submissions. Here's what these forms pertain to, the current deadlines, and why Kolkata's Pvt Ltd companies tend to miss them. Ask your average first-time director what the compliance requirements for a Registrar of Companies (ROC) registration are, and they will likely name the Annual Return (MGT-7) and Financial Statements (AOC-4). Almost nobody will mention the DPT-3 and MSME-1 forms - which are both mandatory filings that levy heavy financial penalties on every day of delinquency.

Sneha das

7/29/20264 min read

What DPT-3 Actually Is?

The DPT-3 form, which stands for 'Deposits' is a statutory return mandated by Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014. Every registered company (save for government companies) must submit this form, specifying the amount of all outstanding loans and borrowings, including director loans, inter-corporate deposits, and any other deposits that could potentially fall under the definition as per the Companies Act, 2013.

As per the General Circular issued by the Ministry of Corporate Affairs (MCA) no. 02/2026, the due date of 30th June for filing DPT-3 form for the FY ended 31st March has been extended to 31st July 2026, without any additional fees, as a relief measure after system restoration. Late filing attracts stiff penalties for the defaulting company and its officers.

What MSME-1 Actually Is?

MSME-1 is a half-yearly return mandated by Section 405 of the Companies Act, 2013, which requires companies to report on overdue payments to micro and small enterprise (MSE) suppliers to the MCA. The return needs to be filed if a company has outstanding payments to MSE suppliers for more than 45 days from the date of acceptance of goods or services by them.

Filed by 30th April and 31st October every year, MSME-1, a return against delayed payments to MSE suppliers under the MSMED Act, 2006, attracts substantial penalties under Section 405(4) of the Companies Act for late filings, as well as disallowance of expenses under Section 43B(h) of the Income Tax Act.

Why These Filings Get Missed By Founders?

Independent directors and promoters frequently overlook these specific filings for a number of reasons:

Omission From Compliance Checklist: Most companies implement an eye-catching compliance checklist, where the big filings like the AOC-4 and MGT-7 dominate, while smaller, frequent filings like MSME-1 and DPT-3 get pushed down the priority list or overlooked completely.
Default Assumption of Zero Balances: Most first-time promoters assume that unless there are public deposits or MSE suppliers, DPT-3 or MSME-1 are not applicable to their company. In practice, director loans and advances that fall under the definition of a deposit, and delayed payments to MSE suppliers beyond the 45-day threshold still draw regulatory scrutiny.
Inattentive Retainer Accountant: Retainer accountants for companies rarely pay attention to the half-yearly filings like MSME-1 or specific returns like DPT-3, as they are usually focused on tax filings or year-end closing.
Portal & Timeliness Confusion: With frequent MCA portal issues, companies take advantage of late filing windows, like the recent one for DPT-3 in July 2026, without performing internal due diligence on their filings.

Strategic Compliance Checklist For Pvt Ltd Companies

To make sure your company's compliance requirements in Kolkata are met, it is necessary to conduct a strict internal audit of the following:

Review of Outstanding Deposits: Using the trial balance as of 31st March, classify all director loans, shareholder advances, and inter-corporate deposits that could potentially fall under the definition of a deposit as per the Companies Act, 2013.
MSME Ageing Analysis: To assess whether any outstanding payments to MSE suppliers on your credit ledger have crossed the 45-day threshold, refer to the Udyam portal and match it with your GST returns.
MSME Compliance Alignment: Ensure that the disclosure made in respect of MSME-1 filings is aligned with your GSTR and income-tax computations to avoid surprises on either the GST or income-tax front under Sections 43B(h) and 405(4) of the respective Acts.

Frequently asked questions (FAQs)

Q1. Do I need to file DPT-3 if my company has not accepted any public deposits?

A. You will still need to file the DPT-3 form if your company has accepted any deposits, including unsecured deposits, and loans from the company's directors or their relatives, including deposits from related parties, which may be considered reportable under the Companies Act, 2013.

Q2. What is meant by a "deposit" for the purposes of filing the DPT-3 form?

A. Apart from public deposits, the following also fall under the definition of a deposit:

Loans from the company's directors or their relatives,

Inter-corporate deposits,

And any other deposits, including repayments, that are not specifically excluded under the Companies (Acceptance of Deposits) Rules.

Q3. How often is the MSME-1 return required to be filed during the financial year?

A. The MSME-1 return needs to be filed on a half-yearly basis, i.e., twice a year, for each half of the financial year. The due dates for filing the return are 30th April and 31st October of every year, for the period up to 31st March and 30th September, respectively, if any MSE supplier is owed payment for more than 45 days.

Q4. Does the MSME-1 return apply to medium enterprises as well?

A. The MSME-1 return only applies to micro and small enterprises. Medium enterprises are not subject to the provisions of the MSMED Act, 2006, and hence are not required to file the MSME-1 return.

Q5. What are the consequences of missing the MSME-1 and DPT-3 filings?

A. The failure to file the DPT-3 and MSME-1 returns attract financial penalties for the defaulting company and its officers concerned on a continuing basis. Additionally, late filing of the MSME-1 return may result in penalties under Section 405(4) of the Companies Act, 2013, and disallowance of expenses under Section 43B(h) of the Income Tax Act.

Conclusion

If your company has not done a thorough internal check on the requirements of the DPT-3 for the current FY or on the outstanding payments to MSE suppliers, here's why you should consider doing so:

DPT-3 filings are a mandatory requirement for all companies except government companies, irrespective of whether there are actual deposits or not, and non-filing results in financial penalties for the defaulting company and its officers.

MSME-1 filings apply to all companies that have outstanding payments to MSE suppliers for more than 45 days from the date of acceptance of goods/services and attract penalties under Section 405(4) of the Companies Act, 2013.