The Ministry of Corporate Affairs has issued an order namely “Specified Companies (Furnishing of information about payments to micro and small enterprise suppliers) Order, 2019” on 22nd January 2019.
According to this order, every company who receives supplies of goods & services from Micro & Small Enterprises & whose payments to such suppliers exceed 45 days from the date of acceptance of goods/deemed acceptance of goods or services as per provisions of Section-9 of the MSMED Act, 2006 shall submit:
MSME Return is to be filed only in respect of outstanding dues of micro and small enterprises. Medium enterprises are not covered. Further, Trading Enterprises are not covered under MSME.
DSC of director/Company Secretary/Manager/CEO who is authorized to sign the form;
DIN of director (if signed by director);
PAN Card of CS/Manager/CEO (if signed by any of them);
Copy of Udyog Aadhar of all suppliers to determine micro/small enterprise status;
List of suppliers of goods & services with their name, address and amount due along with the period from which such amount is outstanding;
Incorporation Certificate of Company;
MSME are classified into 2 categories:-
Earlier, Their classification was made into micro/small/medium on the basis of investment in plant & machinery/ equipments. Such classification was as below:-
Type of entity |
MICRO |
SMALL |
MEDIUM |
Manufacturing Enterprises |
Investment upto Rs. 25 Lakhs |
Investment upto Rs. 5 Crores |
Investment upto Rs. 10 Crores |
Service Providers |
Investment upto Rs. 10 Lakhs |
Investment upto Rs. 2 Crores |
Investment upto Rs. 5 crores |
However, as a part of Atmanirbhar Abhiyaan package of Central Government, the classification has now been changed as below:
Type of entity |
MICRO |
SMALL |
MEDIUM |
Manufacturing Enterprises & Service Provider |
Investment up to Rs. 1 Crore AND Turnover up to Rs. 5 Crore |
Investment upto Rs. 10 Crores AND Turnover upto Rs. 50 Crore |
Investment upto Rs. 50 Crores AND Turnover upto Rs. 250 Crore |
Specified Companies means:-
All companies who get supplies of goods & services from micro and small enterpises and whose payments to such enterprises exceeds 45 days from the date of acceptance or the date of deemed acceptance of goods & services.
No, MSME return is to be filed by only those companies which fall in the definition of ‘Specified Companies’.
No, Medium enterprises are not covered by the aforesaid order.
No, Trading enterprises are not considered as part of MSME so outstanding dues to trading enterprises are not to be shown in MSME return.
As per MSMED Act, 2006, “Date of acceptance” means:
As per MSMED Act, 2006, “Date of deemed acceptance” means:
Where no objection is made in writing by the buyer regarding acceptance of goods or services within 15 days from the day of delivery of goods or rendering of services, the date of actual delivery of goods or rendering of services.
Following details are to be furnished in MSME Half yearly return:
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