Applicability of MSME Form-1 to be Filed by all Companies By CS Amit Dharmani


MSME FORM- 1 TO BE FILED BY ALL COMPANIES--- WHENEVER PAYMENT OF CREDIT OF GOODS AND SERVICES FROM MSME BECOME OUTSTANDING MORE THEN 45 DAYS

“MSME FORM I”

Mandatory filing of MSME Form I announced vide Companies (Furnishing of information about payment to MSME suppliers) Order, 2019 dated January 22nd, 2019.

As per these rules, Every specified companies are required to file MSME Form I with Roc in below mentioned different situations.

Two Type of Returns required filing by “Specified Companies” like:

  • One Time Return

  • Half Yearly Return

Ø  Every specified company shall file in MSME Form I details of all outstanding dues to Micro or small enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification (“i.e., January 22, 2019”).

Ø  Every specified company shall file a return as per MSME Form I annexed to this Order, by October 31 for the period from April to September and by April 30 for the period from October to March.

Specified Company means Every Company “Public or Private” who Received Goods or Services 'from' Micro or Small Enterprises 'of which' Payment Due or Not Paid till 45 days .

HALF-YEARLY RETURN BY MICRO OR SMALL ENTERPRISES WITH REGISTRAR OF OUTSTANDING PAYMENTS

All companies having outstanding payments to MSME for more than 45 days from the date of acceptance or deemed acceptance of goods or/and services,

Who is not required to file the MSME Form I?

The Companies who have no outstanding payments to MSME or such outstanding payments are for not more than 45 days are not required to file this form.

DUE DATES FOR FILLING “MSMSE FORM 1”

Every Company within 30 days from the date of the notification i.e 22nd February, 2019 (January 22, 2019, + 30 days) is required to file this form as Initial Return.

Every company within 30 days from the last day of half-year shall file a regular half yearly return. That is:

Ø  October 31st for the period 1st April to 30th September, and

Ø  April 30th for the period 01st October to 31st March

DETAILS AND DOCUMENTS TO BE ENCLOSED WITH THE FORM

INITIAL RETURN:

The total outstanding amount,

Details of suppliers and payments due (PAN of Suppliers)

REGULAR HALF YEARLY RETURN

Total outstanding due for the period and particulars of suppliers therein for the periods,

Reasons for delay in payment

NOTE: Non-compliance of such provisions will lead to punishment and penalty under the provision of the Act.

Penalty Provision as per Section 405 (4) of the Companies Act, 2013, if the said details are not submitted to MCA on or before 20/02/2019 or the information submitted is incorrect or incomplete.

Fine

Company – upto Rs. 25,000

Directors, CFO and CS

Imprisonment – up to 6 Months or  

Fine – not less than Rs. 25,000 upto Rs. 3,00,000 per person

Definition of MSME:-

The Micro Small & Medium Enterprises (MSMEs) are defined in India under the MSME Act 2006 on the basis of capital investment made in plant and machinery, excluding investments in land and building.

Manufacturing units having investment below Rs 25 lakh were termed Micro, those between Rs 25 lakh and Rs 5 crore termed as Small and from Rs 5 crore to Rs 10 crore as Medium. Similarly, for Service units, corresponding investment thresholds were upto Rs 10 lakh Micro, between Rs 10 lakh to Rs 2 crore Small and between Rs 2 crore to Rs 5 crore Medium.

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  • how to find out if the creditor is registered under MSME or not?

    08-02-2019 / 09:56:14 AM
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