New MSME definition/ registration updated in MSMED act by notification | Udyam Registration

written by ADMIN | June 27, 2020

As we know recently the government had announced new definition for MSME. However, same was not added to MSMED Act, 2006 but some same has been added by virtue of notification. Now the registration under MSME would be known as UDYAM Registration.

This website and classification shall be applicable from 01.07.2020 till then one can register at Udhyog aadhar website and then shift to new Udyam.

The classification of micro, small and medium enterprise after the new amendment is as follows (both conditions needs to be fulfilled simultaneously):

Particulars Micro Small Medium
Manufacturing & Service Investment < 1 crore and Turnover < 5 crore Investment < 10 crore and Turnover < 50 crore Investment < 50 crore and Turnover < 250 crore

Important points related to registration:

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.

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.

An e-certificate, namely, Udyam Registration Certificate shall be issued on completion of the registration process.

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.

Calculation of investment in plant and machinery or equipment:

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.

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.

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).

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.

The cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be excluded (i.e. cost of pollution control, research and development equipment, industrial safety devices etc) from the calculation of the amount of investment in plant and machinery.

Calculation of turnover:

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.

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.

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.

Registration process:

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

There will be no fee for filing Udyam Registration.

Aadhaar number shall be required for Udyam Registration.

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). 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.

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.

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.

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.

Registration of existing enterprises:

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.

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

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

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

To read full notification CLICK HERE.

To understand about updation of information and grievance redressal you can CLICK HERE.