REPORTING OF OUTSTANDING DUES TO MSME

[hithakar chouta]

As per the Ministry of Corporate Affairs notification  No. S.O. 368(E), published in the Official Gazette of the Government of India  on January 22, 2019, Every company shall file in “MSME Form I”, with the Ministry of Corporate Affairs, details of all outstanding dues to micro , small or medium enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification.

The said form should also be filed on a half-yearly basis by 30^th April for the period from October to March and by 31^st October for the period from April to September.

The format of “MSME Form 1” is attached with this mail for your kind perusal.

For non- compliance, the Company and every officer in default shall be punishable under sec.405(4) of the Companies Act, with fine and or imprisonment.

1. Applicability:The order applies to all the Companies, which owe money to MSME

2. Due Date of filing:30 days from the date of publication in  the Official Gazette  - the date of publication being 22nd January 2019

3. Details of all amount dues to MSME: Details of all outstanding dues to MSME existing on the date of notification of the order by MCA- the date of notification of order is 2nd November 2018.

4. Definition:Sec.7. Classification of enterprises.-

(1) Notwithstanding anything contained in section 11B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central Government may, for the purposes of this Act, by notification and having regard to the provisions of sub-sections (4) and (5), classify any class or classes of enterprises, whether proprietorship, Hindu undivided family, association of persons, co-operative society, partnership firm, company or undertaking, by whatever name called,-(a) in the case of the enterprises engaged in the manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951), as-

(i) a micro enterprise, where the investment in plant and machinery does not exceed twenty-five lakh rupees;

(ii) a small enterprise, where the investment in plant and machinery is more than twenty-five lakh rupees but does not exceed five crore rupees; or

(iii) a medium enterprise, where the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees;

(b) in the case of the enterprises engaged in providing or rendering of services, as-

(i) a micro enterprise, where the investment in equipment does not exceed ten lakh rupees;

(ii) a small enterprise, where the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or

(iii) a medium enterprise, where the investment in equipment is more than two crore rupees but does not exceed five crore rupees. Explanation 1.-For the removal of doubts, it is hereby clarified that in calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified, by notification, shall be excluded. Explanation 2.-It is clarified that the provisions of section 29B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall be applicable to the enterprises specified in sub-clauses (i) and (ii) of clause (a) of sub-section (1) of this section.