1. Form INC-20A is required to be filed within 180 days of the date of incorporation of the Company;
2. If you try to file the form after the above mentioned period then it gives the error "Please file form INC-28 for condonation of delay and then proceed to file form INC-20A"
3. Form INC-28 is an eform to be filed for filing of "Notice of Order of the Court or any other competent authority". So the process of condonation can not be completed with the said eform;
4. As per Section 460 of the Companies Act the applications which could not be filed within the time specified therein than CG may for the reasons record in writing can condone the delay;
5. An application under the said Section shall be filed in E-form CG-1; but for the application of condonation of delay for delay in filing the form INC-20A the form CG-1 is giving the error "Form Filing is not allowed since Declaration for Commencement of Business is not filed in form INC-20A. Please file form INC-28 for condonation of delay and proceed to file form INC-20A";
6. As per the current scenario there is no procedure or process under the Companies Act, 2013 for the said condonation;
7. As per our opinion currently there is no solution except waiting for MCA clarification or a new revised form being deployed which shall allow filing of the said form with additional fee, because the condonation of the said form will impose another time period of a couple of months which could be harmful for the new startups as they would not be able to conduct the business and it would not be a good example of ease of doing business.
8. As per the resolution of a ticket and discussion the said resolution or clarification might be received within next 10-15 working days.