Form DPT-3: Return of Deposits and Outstanding Loans

Who files DPT-3

Rule 16 requires every company, other than a government company, to file a return of deposits or of particulars of transactions not considered as deposits, or both, by 30 June each year. The information is as on 31 March. In practice, almost every company that has borrowed money other than from a bank files DPT-3.

Rule 16A also requires companies to report money received that is not a deposit. This is why the form is sometimes described as a return of outstanding loans, not only deposits. The figures must be the same as those in the audited balance sheet as at 31 March.

A private company with an unsecured loan from a director, an inter-corporate loan, or advances from customers outstanding at year-end typically files DPT-3 to report these as exempted receipts, even though it has accepted no deposits.

Deposits versus exempted receipts

Rule 2(1)(c) lists receipts that are not deposits. The DPT-3 form asks for these to be reported category-wise. Getting the classification right matters, because money wrongly treated as exempt may be an illegal deposit.

Attachments and audit

Where the company has accepted deposits, the return must be audited by the company's auditor and an auditor's certificate attached. For returns limited to exempted receipts, companies commonly attach an auditor's certificate as well. The form is signed by a director or company secretary with DSC.

• Auditor's certificate
• List of depositors, where deposits are accepted
• Details of deposit repayment reserve and liquid assets, where applicable
• Copy of trust deed or deposit insurance, where applicable
• Declarations from directors for director loans

Fees and penalties

The normal fee follows the nominal-capital slab of ₹200 to ₹600. Late filing attracts additional fee as a multiple of the normal fee, from 2x for up to 30 days' delay to 12x beyond 180 days.

Rule 21 provides for punishment where a company or officer contravenes the deposit rules and no other punishment is provided. The bigger risk is substantive: accepting deposits in breach of Section 73 attracts Section 76A, under which the company faces a fine of at least ₹1 crore, up to ₹10 crore, and officers can face imprisonment and fine.

Common mistakes

Typical errors are not filing at all because the company 'has no deposits', leaving out director loans, classifying a shareholder's loan as exempt without checking the rule, and reporting figures that do not tie to the audited balance sheet. Because DPT-3 is due on 30 June, before most audits finish, plan the auditor's certificate early. Refogo's partner professionals can prepare and file DPT-3 for a fixed fee.

Step by step

1. 1List borrowings

   Extract all loans, advances and receipts outstanding at 31 March.

2. 2Classify each item

   Separate deposits from exempted receipts under Rule 2(1)(c).

3. 3Obtain declarations

   Collect director declarations for director loans.

4. 4Get auditor's certificate

   Auditor certifies the return.

5. 5Fill DPT-3 on V3

   Enter category-wise amounts and attach documents.

6. 6Sign and pay

   Director or CS signs with DSC; pay fee by 30 June.