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This article is regarding to ‘Micro and Small Enterprise Suppliers’ notified as MCA notification on
date 22nd January 2019 “Specified Companies (Furnishing of Information about payment to micro
and small enterprise suppliers) Order, 2019”
Act Reference
eForm MSME FORM 1 is required to be filed pursuant to Order dated 22 January, 2019 issued
under Section 405 of the Companies Act, 2013 and which are reproduced for your reference:
Applicability
1. Specified Companies (Furnishing of information about payment to micro and small enterprise
suppliers) Order, 2019
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 (27 of 2006)
(hereafter referred to as “Specified Companies”), shall submit a half yearly return to the Ministry
of Corporate Affairs stating the following:
2. Every specified company shall file in MSME Form 1 details of all outstanding dues to Micro or
small enterprises suppliers existing on the date of notification of this order within thirty days from
the date of publication of this notification.
3. Every specified company shall file a return as per MSME Form 1 annexed to this Order, by 31st
October for the period from April to September and by 30th April for the period from October to
March.
Analysis’
(i) All companies, who get supplies of goods or services from micro and small enterprises and
(ii) whose payments to micro and small enterprise suppliers exceed 45 days from the date of
acceptance or the date of deemed acceptance of the goods or services, shall submit a return eform
MSME FORM 1 to the MCA in the interval mentioned below
a. Initial return or
In accordance with Micro, Small and Medium Enterprises Development Act, 2006, the manufacture
and service enterprise is defined in terms of investment in plant & machinery and services
respectively as micro, small and medium enterprise as explained below:
• where any objection is made in writing by the buyer regarding acceptance of goods or services
within fifteen days from the day of the delivery of goods or the rendering of services, the day on
which such objection is removed by the supplier.
In accordance with MSME Act, 2006, “the day of deemed acceptance” means where no objection is
made in writing by the buyer regarding acceptance of goods or services within fifteen days from
the day of the delivery of goods or the rendering of services, the day of the actual delivery of
goods or the rendering of services.
a. Initial Return: Every specified company shall file in e-form MSME Form 1 details of all
outstanding dues to Micro and Small enterprise suppliers existing on the date of notification of this
order within 30 days from the date of publication (22.01.2019) of this notification.
As per MCA General Circular No.01/2019 dated 21.02.2019 the due date extended for filing of
initial return. i.e. from the date of deployment of eform on MCA portal. The eform MSME FORM 1
available from 01.05.2019 and due date for filing initial return is 30 days from 01.05.2019. i.e.
30th May of 2019
b. Half yearly return: Every specified company shall file a half yearly return in e-from MSME Form
1 as:
Note: Since eform MSME FORM 1 available from 01.05.2019, the due date for Half yearly return –
October 2018 to March 2019, may be consider as 30th May of 2019
a. Initial Return:
(iv) Particulars of the name of suppliers and amount of payments due (number of entries to be
specified subject to maximum 99 rows)
(B) FY to
(v) Particulars of the name of suppliers and amount of payments due (number of entries to be
specified subject to maximum 99 rows)
(G) FY from
(H) FY to
The eform MSME FORM 1 to be digitally signed by the following authorised persons of the company
(i) Director or
(ii) Manager or
(iv) CEO or
(v) CFO
For director, DIN details to be given. For Manager, Company Secretary, CEO or CFO PAN details to
be given.
7. Penal Prosecutions
If any company fails to comply with an order made under sub-section (1) or subsection (3), or
knowingly furnishes any information or statistics which is incorrect or incomplete in any material
respect,
Particulars Penalty
On defaulting company Extended Up to Rs. 25,000/-
Minimum Fine Rs. 25,000/- which may
extended to Rs. 3,00,000/-
Or
Every Officer who is in default
Imprisonment which may extended to 6
Months or Both
Disclaimer:
All Readers are advised to refer relevant provision of law before applying or accepting any of the
point mentioned above or not. Author accepts no responsibility whatsoever and will not be liable
for any losses, claims or damages which may arise because of the contents of this write up.