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Ministry of Micro, Small and Medium Enterprises have come out with notification no. [F. No. 21(5)/2019-P&G/Policy (Pt-IV)] dated 26th June 2020, wherein following new criteria of classification of enterprises and new registration procedures under MSMED Act,2006:-

Classification

Micro Enterprises

  • Investment in Plant & Machinery or Equipment - Not more than 1 Crore
  • Turnover- Not more than 5 Crores  

Small Enterprises

  • Investment in Plant & Machinery or Equipment- Not more than 10 Crores
  • Turnover- Not more than 50 Crores

Medium Enterprises

  • Investment in Plant & Machinery or Equipment- Not more than 50 Crores
  • Turnover- Not more than 250 Crores
 

Criteria of investment and turnover for classification

  1. Investment and Turnover criteria shall be considered together for classification.
  2. All units with GSTIN under same PAN shall be considered collectively i.e. Investment and turnover of all the units shall be considered collectively 
  3. For calculation of Investment in Plant & Machinery: -
    1. Investment declared in previous year Income Tax Return shall be considered.
    2. If there is no previous year Income Tax Return, self-declaration shall be filed by promoter.
    3. Value in Purchase invoice excluding GST shall be considered, where there is no Income Tax Return.
    4. Plant & Machinery or Equipment shall be all tangible asset except Land & Building and Furniture & Fittings.
    5. Definition of Plant & Machinery or Equipment shall be considered as written in Income Tax Act,1961
  4. For calculation of Turnover: -
    1. Export turnover shall be excluded.
    2. Value of turnover and export shall be linked with Income Tax and GST
    3. For Enterprises not having PAN turnover shall be considered on self-declaration basis upto 31.03.2021. After that obtaining of PAN shall be mandatory for enterprises

Registration for New Enterprises

  1. Aadhaar Number shall be required for registration at Udyam Registration portal.
  2. Criteria of usage of Aadhar number shall be :

Constitution

Whose Aadhaar shall be required

Proprietorship

Aadhaar Number of proprietor

Partnership

Aadhaar Number of managing partner

HUF

Aadhaar Number of Karta

Company, LLP, Cooperative Society, Society or Trust

GSTIN & PAN of Organisation and Aadhaar of authorised signatory

Registration for Existing Enterprises

  1. All enterprises registered under EM–Part-II or UAM (i.e. existing Udyog Aadhaar) shall register again on Udyam Registration portal.
  2. Enterprises shall be reclassified as per new criteria.
  3. Existing registration shall be valid upto 31st March, 2021.

Post- Registration procedures

  1. Udyam Registration Number (URN) shall be allotted to the enterprises.
  2. After URN is allotted enterprises shall update the details of ITR and GST return relating to previous year, on Udyam Registration portal.
  3. If details are not updated in prescribed time, status of MSME may be suspended.
  4. After the details are update by enterprise, status of enterprise shall get updated on portal.
  5. If there is any change in status, as applied, communication shall be sent to enterprise.
  6. If status is shifted upward, enterprise shall continue its existing status till one year from end of year of registration.
  7. If status is shifted downward, enterprise shall continue its status till the end of financial year. And benefits of new status shall be applicable from 01st April of new year.

Disclaimer: The entire above stated article is squarely based on our opinion, derived from the interpretation of the respective notification. The observations are personal view and authors do not take responsibility of the same and this cannot be quoted before any authority. Users shall also refer to gazette notification before arriving to any decision.

 

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Category Corporate Law, Other Articles by - Hemant Kumar Gupta 



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