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MSME Registration Process

CA Kunal Jain , Last updated: 17 August 2024  
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Who are MSMEs?

Micro, Small, and Medium Enterprises (MSMEs) are classified based on investment and turnover. This classification is crucial for determining eligibility for various government schemes and benefits. Here’s a summary:

MSME Registration Process
  1. Micro Enterprise:

    • Investment: Up to ₹1 crore.
    • Turnover: Up to ₹5 crore.
  2. Small Enterprise:

    • Investment: Up to ₹10 crore.
    • Turnover: Up to ₹50 crore.
  3. Medium Enterprise:

    • Investment: Up to ₹50 crore.
    • Turnover: Up to ₹250 crore.

These classifications help businesses identify their category and access specific benefits, such as subsidies, tax exemptions, and credit facilities.

How to Become an MSME

The Udyam Registration process simplifies MSME registration in India:

  1. Online Registration: Register online via self-declaration, with no document uploads required.
  2. Udyam Registration Number: Receive a permanent Udyam Registration Number after registration.
  3. Udyam Certificate: Obtain an e-certificate upon successful registration.

Udyam Registration Steps

  1. Visit Portal: Go to the Udyam registration portal.
  2. Select Option: Click ‘For new entrepreneurs or those with EM-II.’
  3. Enter Aadhaar Details: Input Aadhaar Number and Entrepreneur Name, then click ‘Validate & Generate OTP.’
  4. Validate OTP: Enter the OTP sent to your Aadhaar-linked mobile.
  5. PAN Verification: Enter PAN number, type of organization, and details about ITR and GSTIN.
  6. Fill Form: Complete the registration form with details such as entrepreneur name, enterprise name, location, address, bank details, NIC code, etc.
  7. Provide Investment and Turnover Details: Enter these details, select the declaration, and click ‘Submit’ to receive a final OTP.
  8. Submit Form: Enter the final OTP and submit. You’ll receive the Udyam e-registration certificate via email.

Aadhaar Requirement

  • Proprietorship: Proprietor's Aadhaar.
  • Partnership: Managing partner's Aadhaar.
  • HUF: Karta's Aadhaar.
  • Other Entities: Companies, LLPs, and other organizations must provide GSTIN, PAN, and Aadhaar.
  • Self-Declaration: For enterprises without PAN, missing information can be self-declared.
  • Single Registration: Only one Udyam Registration per enterprise, but multiple activities can be included.
  • Penalty: Misrepresentation or suppression of facts may result in penalties under Section 27 of the Act.

How to Calculate Investment & Turnover for Classification:

  1. Classification Criteria: Both investment and turnover are considered together.
  2. Category Change: An enterprise moves to a higher category if it exceeds limits in either criterion. It can only move to a lower category if both criteria fall below limits.
  3. Aggregated Values: Units under the same PAN are treated as one enterprise, with combined investment and turnover used for classification.
 

Investment Calculation

  1. Link to ITR: Based on previous years' Income Tax Returns (ITR).
  2. New Enterprises: Investment based on self-declaration until the first ITR is filed by March 31.
  3. Definition: "Plant and machinery or equipment" includes tangible assets except land, building, furniture, and fittings.
  4. Valuation: Purchase value (excluding GST) of both new and second-hand machinery is considered based on self-disclosure if no ITR exists.
  5. Exclusions: Certain items specified under the Act are excluded from the investment calculation.

Turnover Calculation

  1. Exclusion of Exports: Exports are excluded from turnover calculations.
  2. Data Linking: Turnover and export data are linked to the Income Tax Act and CGST Act via PAN and GSTIN.
  3. Self-Declaration: Enterprises without PAN can self-declare turnover until March 31, 2021; thereafter, PAN and GSTIN are required.

Registration Process for Existing Enterprises

  1. Re-Registration: Enterprises registered under EM-Part-II or UAM must re-register on the Udyam portal starting July 1, 2020.
  2. Reclassification: All such enterprises will be reclassified according to the new notification.
  3. Validity: Registrations before June 30, 2020, remain valid only until March 31, 2021.
  4. Mandatory Udyam Registration: Enterprises registered with any other MSME organization must also register under Udyam.

For Enterprises with Udyam Registration Number

  1. Update Information: Update details (ITR, GST Return, etc.) online on the Udyam portal on a self-declaration basis.
  2. Suspension: Failure to update information in time can lead to suspension of status.
  3. Reclassification: Classification will be updated based on the provided or government-sourced data.
  4. Status Notification: Enterprises will be notified of any status changes (upward or downward).
  5. Upward Reclassification: Maintains current status until one year after the close of the registration year.
  6. Downward Reclassification: Remains in the current category until the end of the financial year; new status applies from April 1 of the following year.
 

Benefits of Udyam Registration

  1. Access to Government Schemes: Eligibility for programs like Credit Linked Capital Subsidy and Credit Guarantee.
  2. Seamless Integration: Easy management of financial and tax affairs through integration with government systems.
  3. Priority Sector Lending: Access to credit facilities at favorable terms from banks.
  4. Extended MAT Credit: Carry forward MAT credit for 15 years, aiding long-term financial planning.
  5. Lower Interest Rates: Loans available at reduced rates (1% to 1.5%), supporting business expansion and innovation.

Udyam Registration unlocks these advantages, promoting MSME growth and development.

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Published by

CA Kunal Jain
(Practice)
Category Corporate Law   Report

1 Likes   363 Views

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