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CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

Narmada Infra Ltd seeks a direction from the Tribunal on a matter for which no other provision specifies any fee. Counsel asserts that the application need not carry any fee because it is not for an approval or exemption. Evaluate this assertion under Section 459(2).

The assertion is incorrect. Section 459(2) requires prescribed fees on applications for approvals, directions, exemptions and also any other matter under the Act. An application for a direction therefore must be accompanied by the prescribed fee, unless the Act provides otherwise.

  1. ACorrect, fees apply only to approvals and exemptions
  2. BCorrect, because directions are excluded from the fee requirement
  3. CIncorrect, because the fee requirement also covers applications for directions and any other matter, as prescribedCorrect
  4. DIncorrect, but only because the Central Government must first certify the application

Explanation

Section 459(2) lists approvals, sanctions, consents, confirmations or recognitions (a), directions or exemptions (b), and 'any other matter' (c); each application must be accompanied by prescribed fees. So the assertion that directions are outside the fee requirement is wrong, and no Central Government certification is mentioned.

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