This article explains everything you need to know about Form MSME-1, a mandatory filing for companies that owe outstanding payments to Micro, Small and Medium Enterprises (MSMEs) for more than 45 days.
Background:
The Ministry of Corporate Affairs (MCA) introduced Form MSME-1 in 2019 to strengthen regulations regarding delayed payments to MSMEs. This requirement ensures transparency and promotes timely payments to these crucial businesses.
Who Needs to File Form MSME-1?
- Companies that have obtained goods or services from a registered MSME supplier.
- Companies with outstanding payments exceeding 45 days from the date of accepting the goods or services (or the deemed acceptance date).
Understanding the MSME Development Act (MSMED) Provisions:
The MSMED Act, 2006, sets a maximum credit period of 45 days for payments to MSMEs. It also mandates companies to disclose reasons for delayed payments in their financial statements.
- Section 15:Â This section specifies that payments to MSMEs should be made on the agreed date (if any) or within 15 days of acceptance (deemed acceptance). It also restricts the credit period granted by the seller to a maximum of 45 days.
- Section 43B clause h of Income Tax Act 1961 applicable from 1 April 2023
Purpose of Filing Form MSME-1:
- Enables the Registrar of Companies (ROC) to track companies with outstanding dues to MSMEs.
- Provides transparency regarding delayed payments and helps MSMEs receive timely payments.
Important Points to Note:
- Companies are not required to file a “Nil MSME-1 Return” if they have no outstanding dues to MSMEs.
- The MSME-1 filing applies only to outstanding payments exceeding 45 days.
Details Reported in Form MSME-1:
- Company’s CIN (Company Identification Number) and PAN (Permanent Account Number)
- Company’s name, address, and email address
- MSME supplier’s name, address, and PAN
- Outstanding amount due for the supplied goods or services
- Date from which the amount is outstanding
- Reason for the delay in payment
Due Dates for Filing Form MSME-1:
Form MSME-1 is a half-yearly return with specific filing deadlines:
- April-September Period: Due by October 31st
- October-March Period: Due by April 30th
Consequences of Non-Compliance:
Failing to file Form MSME-1 attracts penalties under Section 405(4) of the Companies Act, 2013:
- Penalty for Non-Filing:Â Rs. 20,000 for the company and every responsible officer.
- Penalty for Continued Non-Filing:Â An additional Rs. 1,000 per day, subject to a maximum of Rs. 3 lakh.
click here to Get Form MSME- 1
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I am suffering huge loss due to non payment from Tata and Leyland dealers. Whenever I am demanding my outstanding amount, they start ignoring and stopped working and start complaining that bill is dispute. Please suggest me.
One of my client did not pay for my invoice for more than 6 months. But I paid the GST for that invoice. I also filed the complaint in the msme office. We had the hearing but the opposite party did not attend. Then there were no updates on this case.
Will I get the invoice amount to be settled or should I take any further action. Some one help me for this.
Most of the pvt Ltd companies are not giving payment as per the law to their suppliers then what to do??
Most of the pvt Ltd companies
are not giving payment as par
The law to their suppliers then
What to do ??
Client not paying or picking phone call
How to proceed
Pls advise
I am working with a Pvt Ltd company since last 22 year on over riding commission basis provided my services to him for to explore the business to him.
I want to know that our commission will come in the msme new rule.
I am register in msme as amicro company.
Thanks and Regards
Shashivindu Srivastava