September 22, 2022

New comprehensive rules notified for MSMEs requiring UDYAM registration

The Ministry of Micro, Small and Medium Enterprises (MSME Ministry) vide its warning dated June 26, 2020 (Notification) supplanted its prior notices dated June 01, 2020; June 30, 2017; November 01, 2013 and October 05, 2006 and advised the composite measures of venture and turnover for arrangement of the undertakings into miniature, little and medium class and the methodology to apply for Udyam Registration, with impact from July 01, 2020.

It is imperative to make reference to that the new MSME Classification covers just the assembling and administration endeavours and rejects the exchanging ventures from its domain.

Udyam Registration of Existing Enterprises and New Enterprises

The undertakings falling under the miniature, little and medium classification would be expected to acquire a Udyam Registration Number (URN) by enrolling itself on the Udyam Registration Portal. 

No undertaking ought to acquire more than one URN, nonetheless, it can make reference to quite a few exercises including assembling or administration or both in one URN.

All current endeavours enrolled under Entrepreneur Memorandum-Part-II or Udyog Aadhaar Memorandum need to enlist again on Udyam Registration Portal on or after July 01, 2020.

 It is essential to take note that all endeavours enlisted till June 30, 2020 would be renamed as per this Notification. Further, the enlistments acquired by the current ventures before June 30, 2020 would keep on being substantial until March 31, 2021.

Connecting of MSME Classification with ITR and GSTIN

The MSME Ministry has explained that the new MSME grouping would be connected with Income Tax Return (ITR) and the Goods and Services Tax Identification Number (GSTIN).

The Notification gives that the adage “plant and hardware or gear” of a venture, would have a similar significance as allocated to the plant and apparatus in the Income Tax Rules, 1962 outlined under the Income Tax Act, 1961 (IT Act) and would incorporate every unmistakable resource (other than land and building, furniture and fittings).

 Further, it additionally expresses that the computation of interest in plant and apparatus or hardware would be connected to the ITR of the earlier years documented under the IT Act and in the event of another endeavour, where no earlier ITR is accessible, the venture would be founded on self-revelation of the advertiser of the undertaking and such unwinding.

Further, the Notification likewise explained that the product of labour and products or both, would be barred while computing the turnover of any venture, with the end goal of characterization of an undertaking into miniature, little or medium classification. It is likewise given that the data with respect to turnover and commodity turnover of an undertaking would be connected to the IT Act or the Central Goods and Services Act, 2017 and the GSTIN.

Every one of the ventures having GSTIN recorded against a similar Permanent Account Number (PAN) will be on the whole treated as one undertaking and the turnover and speculation figures for all such endeavours would be seen together and the total qualities would be considered for deciding the relevant class.

Updation of data and progress period in characterization

An endeavour having URN needs to refresh its data consistently on Udyam Registration Portal, including the subtleties of the ITR and the GST Return for the past monetary year and such other extra data as might be expected, on self-assertion premise. It is vital to take note of that inability to refresh the pertinent data inside the predefined period would deliver the situation with the venture as suspended.

The arrangement of an undertaking would be refreshed in view of the data outfitted or accumulated from the Government sources including ITR or GST return. In the event of up or descending change in the situation with an endeavour, a correspondence would be shipped off the venture about the said change.

The Notification likewise accommodates the progress time frame assuming there is a vertical or descending change in the situation with an undertaking.

With the warning of the new complete guidelines for MSMEs, the Government has broadened the extent of MSME area by and large.

 Presently, even the enormous endeavours based on the new MSME Classification can get themselves enrolled on Udyam Registration Portal and profit from the advantages/exclusions held for the MSME area, which were prior not accessible to them.

 It is essential to take note of that the enlistment on Udyam Registration Portal is willful and not commanded by the MSME Ministry. Notwithstanding, for profiting the advantages/exclusions accessible to MSME area, the ventures should get themselves enlisted on Udyam Registration Portal on or after July 01, 2020.