Udyam registration ! New procedure for classification & registration of MSMEs from 1st July 2020

The Central
Government (Ministry of Micro, Small And Medium Enterprises) issued notification dated 26th June 2020 (S.O. 2119(E)), to notifies certain criteria for classifying the enterprises
as micro, small and medium enterprises (MSME) and specifies the form and procedure for
filing the memorandum (“Udyam
Registration”), with effect from the 1st day of July, 2020. The new era of MSME will certainly bring new way of governance in MSME sector. Here is the details of the notification:

1. Classification
of enterprises. –

2. Manner of calculation of turnover for classification of enterprises:-

(1) Exports of goods or services or both, shall be excluded while calculating the turnover of any enterprise whether micro, small or medium, for the purposes of classification.

(2) Information as regards turnover and exports turnover for an enterprise shall be linked to the Income Tax Act or the Central Goods and Services Act (CGST Act) and the GSTIN.

(3) The turnover related figures of such enterprise which do not have PAN will be considered on self-declaration basis for a period up to 31st March, 2021 and thereafter, PAN and GSTIN shall be mandatory.

3. Manner of calculation of investment in plant and machinery or equipment. –

(1) The calculation of investment in plant and machinery or equipment will be linked to the Income Tax Return (ITR) of the previous years filed under the Income Tax Act, 1961.

(2) In case of a new enterprise, where no prior ITR is available, the investment will be based on self-declaration of the promoter of the enterprise and such relaxation shall end after the 31st March of the financial year in which it files its first ITR.

(3) The expression “plant and machinery or equipment” of the enterprise, shall have the same meaning as assigned to the plant and machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and shall include all tangible assets (other than land and building, furniture and fittings).

(4) The purchase (invoice) value of a plant and machinery or equipment, whether purchased first hand or second hand, shall be taken into account excluding Goods and Services Tax (GST), on self-disclosure basis, if the enterprise is a new one without any ITR.

(5) The cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be excluded from the calculation of the amount of investment in plant and machinery.

4. Composite criteria of investment and turnover for classification. –

(1) A composite criterion of investment and turnover shall apply for classification of an enterprise as micro, small or medium.

(2) If an enterprise crosses the ceiling limits specified for its present category in either of the two criteria of investment or turnover, it will cease to exist in that category and be placed in the next higher category but no enterprise shall be placed in the lower category unless it goes below the ceiling limits specified for its present category in both the criteria of investment as well as turnover.

(3) All units with Goods and Services Tax Identification Number (GSTIN) listed against the same Permanent Account Number (PAN) shall be collectively treated as one enterprise and the turnover and investment figures for all of such entities shall be seen together and only the aggregate values will be considered for deciding the category as micro, small or medium enterprise.

(1) Any person who intends to establish a micro, small or medium
enterprise may file Udyam Registration online in the Udyam Registration portal,
based on self-declaration with no requirement to upload documents, papers,
certificates or proof.

(2) On registration, an enterprise (referred to as “Udyam” in the
Udyam Registration portal) will be assigned a permanent identity number to be
known as “Udyam Registration Number”.

(3) An e-certificate, namely, “Udyam Registration Certificate” shall
be issued on completion of the registration processes.

6. Registration
process to obtain Udyam Registration Certificate. –

(1) The form for registration shall be as provided in the Udyam
Registration portal.

(2) There will be no fee for filing Udyam Registration.

(3) Aadhaar number shall be required for Udyam Registration.

(4) The Aadhaar number shall be of the proprietor in the case of a
proprietorship firm, of the managing partner in the case of a partnership firm
and of a karta in the case of a Hindu Undivided Family (HUF).

(5) In case of a Company or a Limited Liability Partnership or a
Cooperative Society or a Society or a Trust, the organisation or its authorised
signatory shall provide its GSTIN and PAN along with its Aadhaar number.

(6) In case an enterprise is duly registered as an Udyam with PAN,
any deficiency of information for previous years when it did not have PAN shall
be filled up on self-declaration basis.

(7) No enterprise shall file more than one Udyam Registration:

Provided that any number of activities including manufacturing or
service or both may be specified or added in one Udyam Registration.

(8) Whoever intentionally misrepresents or attempts to suppress the
self-declared facts and figures appearing in the Udyam Registration or updation
process shall be liable to such penalty as specified under section 27 of the
Act.

7. Registration
of existing enterprises. –

(1) All existing enterprises registered under EM–Part-II or UAM
shall register again on the Udyam Registration portal on or after the 1st day
of July, 2020.

(2) All enterprises registered till 30th June, 2020, shall be
re-classified in accordance with this notification.

(3) The existing enterprises registered prior to 30th June, 2020,
shall continue to be valid only for a period up to the 31st March, 2021.

(4) An enterprise registered with any other organisation under the Ministry of Micro, Small and Medium Enterprises shall register itself under Udyam Registration.

8. Updation of
information and transition period in classification. —

(1) An enterprise having Udyam Registration Number shall update its
information online in the Udyam Registration portal, including the details of
the ITR and the GST Return for the previous financial year and such other
additional information as may be required, on self- declaration basis.

(2) Failure to update the relevant information within the period
specified in the online Udyam Registration portal will render the enterprise
liable for suspension of its status.

(3) Based on the information furnished or gathered from Government’s
sources including ITR or GST return, the classification of the enterprise will
be updated.

(4) In case of graduation (from a lower to a higher category) or
reverse-graduation (sliding down to lower category) of an enterprise, a
communication will be sent to the enterprise about the change in the status.

(5) In case of an upward change in terms of investment in plant and
machinery or equipment or turnover or both, and consequent re-classification,
an enterprise will maintain its prevailing status till expiry of one year from
the close of the year of registration.

(6) In case of reverse-graduation of an enterprise, whether as a
result of re-classification or due to actual changes in investment in plant and
machinery or equipment or turnover or both, and whether the enterprise is
registered under the Act or not, the enterprise will continue in its present
category till the closure of the financial year and it will be given the
benefit of the changed status only with effect from 1st April of the financial
year following the year in which such change took place.

9. Facilitation
and grievance redressal of enterprises. —

(1) The Champions Control Rooms functioning in various institutions
and offices of the Ministry of Micro, Small and Medium Enterprises including
the Development Institutes (MSME-DI) shall act as Single Window Systems for
facilitating the registration process and further hand-holding the micro, small
and medium enterprises in all possible manner.

(2) The District Industries Centres (DICs) will also act as Single
Window facilitation Systems in their Districts.

(3) Any person who is not able to file the Udyam Registration for
any reason including for lack of Aadhaar number, may approach any of the above
Single Window Systems for Udyam Registration purposes with his Aadhaar enrolment
identity slip or copy of Aadhaar enrollment request or bank photo pass book or
voter identity card or passport or driving licence and the Single Window
Systems will facilitate the process including getting an Aadhaar number and
thereafter in the further process of Udyam Registration.

(4) In case of any discrepancy or complaint, the General Manager of
the District Industries Centre of the concerned District shall undertake an
enquiry for verification of the details of Udyam Registration submitted by the
enterprise and thereafter forward the matter with necessary remarks to the
Director or Commissioner or Industry Secretary concerned of the State
Government who after issuing a notice to the enterprise and after giving an
opportunity to present its case and based on the findings, may amend the
details or recommend to the Ministry of Micro, Small or Medium Enterprises,
Government of India, for cancellation of the Udyam Registration Certificate.