As we all are aware that all the Companies are required to file two MSME-1 forms with the concerned authority i.e. Registrar of Companies.
Now, we understand which Companies are required to mandatorily file their Form MSME-1.
All companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed forty-five days from the date of acceptance or the date of deemed acceptance of the goods or services as per the provisions of section 9 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereafter referred to as “Specified Companies”), shall submit a half yearly return
Timeline of filing of Form MSME-1
a) For the period October to March- 30th April (Due Date)
b) For the period April to September- 31st October (Due Date)
Criteria for MSME
Definitions of Micro, Small & Medium Enterprises In accordance with the provision of Micro, Small & Medium Enterprises Development (MSMED) Act, 2006 the Micro, Small and Medium Enterprises (MSME) were earlier classified into two classesAn enterprise shall be classified as a micro, small or medium enterprise on the basis of the following criteria, namely:–
A Micro Enterprises– Investment in plant and machinery or equipment does not exceed 1 Crore AND Turnover does not exceed five Crore rupees.
A Small Enterprises– Investment in plant and machinery or equipment does not exceed 10 Crore AND Turnover does not exceed fifty Crore rupees.
A Medium Enterprises– Investment in plant and machinery or equipment does not exceed 50 Crore AND Turnover does not exceed two hundred fifty Crore rupees.
The limit for investment in plant and machinery/equipment for manufacturing/service enterprises, are as under:
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The term “AND” is used between the two conditions. Therefore, an enterprise should satisfy both conditions to qualify to a Micro, Small or Medium enterprise as the case may be.
Details Required for filing the Return in the form MSME FORM I:
(a) Total outstanding amount due from April to September or October to March as the case may be
(b) Particulars of the name of suppliers and amount of payments due
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- Financial Years/Particulars
- Name of Suppliers
- PAN of Suppliers
- Amount Due
- Specify the date from which amount is due
(c ) Reasons for Delay in amount of payments due
Fees for filing of Form MSME-1
There is no such fee for filing of form MSME-1 and also there is no additional fee after due date for filing of form MSME-1.
Attachments for Form MSME-1
There is no such mandatory attachment for form MSME-1.
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Non-Compliance of filing of Form MSME-1
Penalty: The company and every officer in default will be liable to a penalty of Rs. 20,000. In case of continuing failure, the company and every officer in default will be liable for a further penalty of Rs. 1,000 for each day the failure continues, subject to a maximum of Rs. 3 Lakh.