MSME Article

“MSME NOTIFICATIONS DATED 26.06.2020 TO BE IMPLEMENTED FROM 01.07.2020”

On 27.01.2020, is celebrated as world Micro, Small and Medium Enterprises (MSME) Day. The Small and Medium businesses employ a large workforce of people and contribute to an even larger extent to the economy on a whole. Due to the recent impediments caused by the Covid-19 pandemic, these small and micro industries have taken a huge blow financially and are struggling to sustain.

In India, the Government has proposed several changes in the laws governing these particular industries and same would be applicable from the month of July, 2020. To get the ball rolling, the Cabinet Committee on Economic Affairs (CCEA) chaired by Prime Minister Narendra Modi cleared the upward revision of the definition of micro, small and medium enterprises (MSMEs).

The Ministry of Micro, small and Medium enterprises has also specified the form and procedure for filing the memorandum (hereafter to be known as ―Udyam Registration), with effect from 01.07.2020.

The following pointers have been notified on 26.06.2020 with respect to MSME’s:

1. Classification of enterprises: There is a reclassification of enterprises under this segment and it can be inferred that there is an upward revision in terms of investment made and turnover generated in lieu of categorization of enterprises in the future.
2. Becoming a micro, small or medium enterprise: The registration process under the MSME sector has to be made online in the Udyam Registration portal, based on self-declaration with no requirement to upload documents, papers, certificates or proof. An identity number will be issued along with an e-certificate on completion of registration.
3. Composite criteria of investment and turnover for classification: A ceiling limit has been put in place with respect to investment and turnover of an enterprise. Once an entity crosses a particular limit, it shall cease to hold the status it was holding and be recategorized in line with the ceiling limit.
4. Calculation of investment in plant and machinery or equipment: The calculation of investment in plant and machinery or equipment will be linked to the Income Tax Return (ITR) of the previous years filed under the Income Tax Act, 1961.In case no prior ITR is made, it shall be based on self declaration of the promoter of the enterprise.
5. Calculation of turnover: For the purpose for classification, exports of goods/services or both are excluded while calculating turnover for MSME’s. Information as regards turnover and exports turnover for an enterprise shall be linked to the Income Tax Act or the Central Goods and Services Act.
6. Registration process: There shall be no fee collected for registration. Aadhaar Number is a must for registration. There shall not be more than one registration for each enterprise. There are different requirements considering what type of enterprise is being registered, those requirements have to be fulfilled. Whoever intentionally misrepresents or attempts to suppress the self-declared facts and figures appearing in the Udyam Registration or updation process shall be liable to penalty.
7. Registration of existing enterprises: All existing enterprises registered under UAM shall register again on the Udyam Registration portal on or after the 01.07.2020. An enterprises registered shall re-register itself under Udyam Registration. All enterprises registered till 30.06.2020, shall be re-classified in accordance with the present notification.
8. Updation of information and transition period in classification: For an enterprise which has a Udyam Registration Number, all details need to be uploaded on the portal including ITR and GST returns for the previous financial year. Failure to upload the relevant information may lead to suspension of the status conferred on the enterprise. Once all requisite information is provided, the classification of enterprises will be updated. If there is a graduation (from a lower to a higher category) or reverse-graduation (sliding down to lower category) of an enterprise, a communication will be sent to the enterprise about the change in the status.
9. Facilitation and grievance redressal of enterprises: The Champions Control Rooms functioning in various institutions and offices of the Ministry of Micro, Small and Medium Enterprises including the Development Institutes (MSME-DI), District Industries Centres (DICs) shall be the Single Window Systems for facilitating the registration process and further hand holding of the MSME. Any difficulties, complaints or grievances shall be taken up by the Single Window System as provided in the notification.

Kindly refer to the Government notification (No.CG-DL-E-26062020-220191) dated 26.06.2020 circulated along with note for your ready reference.

MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES NOTIFICATION

New Delhi, the 26th June, 2020

S.O. 2119(E).—In exercise of the powers conferred by sub-section (1) read with sub-section (9) of section 7 and sub-section (2) read with sub-section (3) of section 8, of the Micro, Small and Medium Enterprises Development Act, 2006, (27 of 2006), hereinafter referred to as the said Act, and in supersession of the notifications of the Government of India in the Ministry of Micro, Small and Medium Enterprises number S.O.1702 (E ), dated the 1st June, 2020, S.O. 2052 (E), dated the 30th June, 2017, S.O.3322 (E ), dated the 1st November, 2013 and S.O.1722 (E ), dated the 5th October, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (ii), except as respects things done or omitted to be done before such supersession, the Central Government, after obtaining the recommendations of the Advisory Committee in this behalf, hereby notifies certain criteria for classifying the enterprises as micro, small and medium enterprises and specifies the form and procedure for filing the memorandum (hereafter in this notification to be known as ―Udyam Registration‖), with effect from the 1st day of July, 2020, namely:–

1. Classification of enterprises.-An enterprise shall be classified as a micro, small or medium enterprise on the basis of the following criteria, namely:–
   • a micro enterprise, where the investment in plant and machinery or equipment does not exceed one crore rupees and turnover does not exceed five crore rupees;
   •  a small enterprise, where the investment in plant and machinery or equipment does not exceed ten crore rupees and turnover does not exceed fifty crore rupees; and
   •  a medium enterprise, where the investment in plant and machinery or equipment does not exceed fifty crore rupees and turnover does not exceed two hundred and fifty crore rupees.
2. Becoming a micro, small or medium enterprise.–
   •  Any person who intends to establish a micro, small or medium enterprise may file Udyam Registration online in the Udyam Registration portal, based on self-declaration with no requirement to upload documents, papers, certificates or proof.
   • On registration, an enterprise (referred to as ―Udyam‖ in the Udyam Registration portal) will be assigned a permanent identity number to be known as ―Udyam Registration Number‖.
   • An e-certificate, namely, ―Udyam Registration Certificate‖ shall be issued on completion of the registration process.
3. Composite criteria of investment and turnover for classification.–
   • A composite criterion of investment and turnover shall apply for classification of an enterprise as micro, small or medium.
   • If an enterprise crosses the ceiling limits specified for its present category in either of the two criteria of investment or turnover, it will cease to exist in that category and be placed in the next higher category but no enterprise shall be placed in the lower category unless it goes below the ceiling limits specified for its present category in both the criteria of investment as well as turnover.
   • All units with Goods and Services Tax Identification Number (GSTIN) listed against the same Permanent Account Number (PAN) shall be collectively treated as one enterprise and the turnover and investment figures for all of such entities shall be seen together and only the aggregate values will be considered for deciding the category as micro, small or medium enterprise.
4. Calculation of investment in plant and machinery or equipment.–
   • The calculation of investment in plant and machinery or equipment will be linked to the Income Tax Return (ITR) of the previous years filed under the Income Tax Act, 1961.

1. 1. ii. In case of a new enterprise, where no prior ITR is available, the investment will be based on self-declaration of the promoter of the enterprise and such relaxation shall end after the 31st March of the financial year in which it files its first ITR.
   2. iii. The expression ―plant and machinery or equipment‖ of the enterprise, shall have the same meaning as assigned to the plant and machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and shall include all tangible assets (other than land and building, furniture and fittings).
   3. iv.The purchase (invoice) value of a plant and machinery or equipment, whether purchased first hand or second hand, shall be taken into account excluding Goods and Services Tax (GST), on self-disclosure basis, if the enterprise is a new one without any ITR.
   4. v.The cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be excluded from the calculation of the amount of investment in plant and machinery.
2. 5. Calculation of turnover.–
   • Exports of goods or services or both, shall be excluded while calculating the turnover of any enterprise whether micro, small or medium, for the purposes of classification.
   • Information as regards turnover and exports turnover for an enterprise shall be linked to the Income Tax Act or the Central Goods and Services Act (CGST Act) and the GSTIN.
   • The turnover related figures of such enterprise which do not have PAN will be considered on self-declaration basis for a period up to 31st March, 2021 and thereafter, PAN and GSTIN shall be mandatory.
3. 6. Registration process.—
   • The form for registration shall be as provided in the Udyam Registration portal.
   • There will be no fee for filing Udyam Registration
   • Aadhaar number shall be required for Udyam Registration
   • The Aadhaar number shall be of the proprietor in the case of a proprietorship firm, of the managing partner in the case of a partnership firm and of a karta in the case of a Hindu Undivided Family (HUF).
   • In case of a Company or a Limited Liability Partnership or a Cooperative Society or a Society or a Trust, the organisation or its authorised signatory shall provide its GSTIN and PAN along with its Aadhaar number.
   • In case an enterprise is duly registered as an Udyam with PAN, any deficiency of information for previous years when it did not have PAN shall be filled up on self-declaration basis.
   • No enterprise shall file more than one Udyam Registration:
     Provided that any number of activities including manufacturing or service or both may be
     specified or added in one Udyam Registration.
   • Whoever intentionally misrepresents or attempts to suppress the self-declared facts and figures appearing in the Udyam Registration or updation process shall be liable to such penalty as specified under section 27 of the Act.
4. 7. Registration of existing enterprises.—
   • All existing enterprises registered under EM–Part-II or UAM shall register again on the Udyam Registration portal on or after the 1st day of July, 2020.
   • All enterprises registered till 30th June, 2020, shall be re-classified in accordance with this notification
   • The existing enterprises registered prior to 30th June, 2020, shall continue to be valid only for a period up to the 31stday of March, 2021.

1. 1. iv. An enterprise registered with any other organisation under the Ministry of Micro, Small and Medium Enterprises shall register itself under Udyam Registration.
2. 8. Updation of information and transition period in classification.–
   • An enterprise having Udyam Registration Number shall update its information online in the Udyam Registration portal, including the details of the ITR and the GST Return for the previous financial year and such other additional information as may be required, on selfdeclaration basis.
   • Failure to update the relevant information within the period specified in the online Udyam Registration portal will render the enterprise liable for suspension of its status.
   • Based on the information furnished or gathered from Government’s sources including ITR or GST return, the classification of the enterprise will be updated.
   • In case of graduation (from a lower to a higher category) or reverse-graduation (sliding down to lower category) of an enterprise, a communication will be sent to the enterprise about the change in the status.
   • In case of an upward change in terms of investment in plant and machinery or equipment or turnover or both, and consequent re-classification, an enterprise will maintain its prevailing status till expiry of one year from the close of the year of registration.
   • In case of reverse-graduation of an enterprise, whether as a result of re-classification or due to actual changes in investment in plant and machinery or equipment or turnover or both, and whether the enterprise is registered under the Act or not, the enterprise will continue in its present category till the closure of the financial year and it will be given the benefit of the changed status only with effect from 1st April of the financial year following the year in which such change took place.
3. 9. Facilitation and grievance redressal of enterprises.–
   • The Champions Control Rooms functioning in various institutions and offices of the Ministry of Micro, Small and Medium Enterprises including the Development Institutes (MSME-DI) shall act as Single Window Systems for facilitating the registration process and further handholding the micro, small and medium enterprises in all possible manner.
   • The District Industries Centres (DICs) will also act as Single Window facilitation Systems in their Districts.
   • Any person who is not able to file the Udyam Registration for any reason including for lack of Aadhaar number, may approach any of the above Single Window Systems for Udyam Registration purposes with his Aadhaar enrolment identity slip or copy of Aadhaar enrolment request or bank photo pass book or voter identity card or passport or driving licence and the Single Window Systems will facilitate the process including getting an Aadhaar number and thereafter in the further process of Udyam Registration.
   • In case of any discrepancy or complaint, the General Manager of the District Industries Centre of the concerned District shall undertake an enquiry for verification of the details of Udyam Registration submitted by the enterprise and thereafter forward the matter with necessary remarks to the Director or Commissioner or Industry Secretary concerned of the State Government who after issuing a notice to the enterprise and after giving an opportunity to present its case and based on the findings, may amend the details or recommend to the Ministry of Micro, Small or Medium Enterprises, Government of India, for cancellation of the Udyam Registration Certificate.

[F. No. 21(5)/2019-P&G/Policy (Pt-IV)]
A. K. SHARMA, Secy.