Is Filing of BEN-2 is applicable to Govt. Company??

Is Filing of BEN-2 is applicable to Govt. Company??

1. First Circular:

Section 90 shall not apply to the Govt. Companies as per MCA Circular no. G.S.R.,163(E) dated 05.06.2015

(Link: http://www.mca.gov.in/Ministry/pdf/Exemptions_to_govt_companies_05062015.pdf

http://ebook.mca.gov.in/notificationdetail.aspx?acturl=6CoJDC4uKVUR7C9Fl4rZdatyDbeJTqg3XHmN4i4mFb+v2wWhMvQoFsXKgJTHtRr9VmNjj/XQUFc9vZ6tRKIi2gIhxfNI2SOK)

2. Second Circular:
Clause 7. 

In the principal notification, after paragraph 2, the following paragraph shall be inserted, namely:-

“2A. The exceptions, modifications and adaptations provided in column (3) of the aforesaid Table shall be applicable to a private company which has not committed a default in filing its financial statements under section 137 of the said Act or annual return under section 92 of the said Act with the Registrar.”.

It means only Those Government Companies are exempted which has not committed a default in filing its financial statements under section 137 of the Companies Act 2013 or Annual Return under section 92 of the said Act with the Registrar.

(Notification dated 13.06.2017) 

http://www.mca.gov.in/Ministry/pdf/ExemptionPrivateCompanies.pdf 

http://ebook.mca.gov.in/Default.aspx?page=notification)

Interpretation

Government Companies are exempted from filing of form BEN-2, if they complied with Section 137 and Section 92 of the Companies Act 2013.

Kindly give your views.