Periodic ROC Returns for Telangana Companies: MSME-1, DPT-3 and BEN-2

Beyond the annual accounts and annual return, a Telangana company may have to file MSME-1, DPT-3, BEN-2 and PAS-6 with the Registrar of Companies, depending on its circumstances. The rules are national, but Telangana's business landscape, with its manufacturing clusters, its large base of small suppliers, and its IT and pharma companies with foreign parents, makes some of them come up more often here. This guide covers what applies and the local angle.

ROC Hyderabad

Companies registered in Telangana file these returns online on the MCA portal, and fall under the Registrar of Companies, Hyderabad. It's the office that issues notices and adjudication orders to Telangana companies for returns that weren't filed, so a missed MSME-1 or BEN-2 is ultimately a matter between the company and ROC Hyderabad.

MSME-1 and Telangana's Supplier Base

Telangana has a large number of Udyam-registered micro and small enterprises, supplying the state's pharma, engineering, electronics and food processing companies from clusters around Hyderabad and beyond. A company that buys from them and pays any invoice more than 45 days after accepting the goods or services has to report those dues in MSME-1:

• By 30 April, for October to March.
• By 31 October, for April to September.

The Telangana MSE Facilitation Council

Late payment to a small supplier doesn't only mean an MSME-1 filing. Under the MSMED Act, the supplier is owed compound interest at three times the bank rate on the delayed amount, and can take the claim to the Micro and Small Enterprises Facilitation Council for Telangana, which conciliates and, if that fails, arbitrates the dispute. Suppliers can also register delayed-payment cases on the central MSME Samadhaan portal. For buyers, the simplest protection is paying within 45 days and keeping records that show when goods or services were accepted.

DPT-3 for Founder-Funded Companies

Many Hyderabad startups are funded early on by loans from their founders. For a private company, money from a director, or a director's relative, isn't a deposit if the director declares it's their own money. But it still has to be reported in DPT-3 by 30 June each year, as money received that isn't a deposit. Loans from banks, NBFCs and other companies are reported the same way.

BEN-2 and Foreign or Layered Ownership

Telangana's IT, life sciences and pharma sectors include many companies owned by a foreign parent, a holding company or an investment fund. When ownership runs through another entity, the individuals at the top of the chain who hold 10% or more indirectly, or exercise significant control, are significant beneficial owners. They give the company a BEN-1 declaration, and the company files BEN-2 with the ROC within 30 days. For a Hyderabad subsidiary of a foreign group, that usually means tracing ownership up through the group structure.

PAS-6 Once Shares Are in Demat

Private companies other than small companies now have to hold and issue their shares in demat form. Once they do, they file PAS-6, a half-yearly reconciliation of share capital certified by a practising CA or CS, within 60 days of the end of each half-year. It's a new obligation for many established Telangana private companies that had physical share certificates until recently.

Due Dates at a Glance

• 30 April: MSME-1 for October to March.
• 30 June: DPT-3 for amounts outstanding at 31 March.
• 31 October: MSME-1 for April to September.
• Within 60 days of 31 March and 30 September: PAS-6, where applicable.
• Within 30 days of receiving BEN-1: BEN-2.

A Checklist for Telangana Companies

1. Record your suppliers' Udyam status and track payments against the 45-day limit.
2. List all loans and advances at 31 March, and file DPT-3 by 30 June.
3. Map your ownership chain if any shares are held through another entity, and collect BEN-1 declarations.
4. If your shares are in demat, diary PAS-6 for each half-year.
5. If ROC Hyderabad sends a notice for a missed return, respond and file promptly.

Getting Help

Think Filing handles MSME-1, DPT-3, BEN-2 and PAS-6 for companies in Telangana, reviews which returns apply, and files any that were missed in earlier periods.