Following the Atmanirbhar scheme and for facilitating ease of doing business, Union Ministry of Micro, Small and Medium Enterprises (MSME), vide its Notification Dated 26.06.2020, notifies the new definition of MSME and new registration process known as – ‘Udyam Registration’

In that context, a new portal is introduced known as “UDYAM REGISTRATION PORTAL” which becomes effective from 01.07.2020.

You can refer our previous article for a brief on Udyam registration https://taxguru.in/corporate-law/udyam-registration-new-existing-msmes-wef-01-07-2020.html 

The new registration process comes up with various new angles and is very distinctive from the old process.

KEY POINTS OF DIFFERENCE BETWEEN NEW AND OLD REGISTRATION PROCESS
BASIS OF DIFFERENCE Udyog Aadhar memorandum Udyam Registration
Aadhar Number Earlier we can take multiple registrations while using one Aadhar Now one Aadhar one Udyam registration

One enterprise shall only have on Udyam registration.

PAN validation No PAN validation Now PAN validation is mandatory and all the enterprises registering with portal must have PAN and GSTIN.
Number of employees Earlier only the number of employees is to be entered. Now segregation must be given as per Gender.
Linkage with Income tax, PAN and GST department Earlier all figures are to be entered manually on a self-declaration basis. Now, the Udyam portal is lined up with other departments and all the details should be as per ITR (last year filed) and GST.
Composite criteria for the classification of MSMEs Earlier enterprises were classified into two sectors manufacturing and service sector, and there are separate limits for both the sectors for classification of the same. Now there are the composite criteria for both the manufacturing and service sector. There is the same limit of Investment and annual turnover for both the sectors for classification.
Amounts of investment had been manually entered. Investment gets auto-filled based on last year’s filed ITR.

And in case of the new enterprise, must be filled on a self-declaration basis and this relaxation is available till 31st March after that updation is required, else certificate gets suspended.

Registration Certificate Udyog Aadhar Memorandum (UAM) is issued instantly at the time of registration only. After applying an Udyam Registration Number is issued and Udyam Registration Certificate shall be issued only after verification.

New things introduced through Udyam registration w.e.f. 01.07.2020:

1. Udyam Registration Certificate will have a dynamic QR Code from which the web page of Portal and details about the enterprise can be accessed.

2. Income tax, GST and PAN department are linked with the portal for verification of all the information.

3. The criteria of the classification i.e., investment and turnover of enterprises are now composite for both the manufacturing and service sector.

4. Existing registered enterprises have to re-register with the new portal before 31.03.2021.

5. PAN and GSTIN are mandatory for registration:

  • In the case of a Company, LLP, Cooperative Society, Trust, Society, GSTIN and PAN along with its Aadhaar number are mandatory.
  • In the case of the proprietor, you can continue with Aadhar only on a self-disclosure basis but before 03.2021 you must apply for PAN & GST number and must update the same on the portal.

6. PAN and GSTIN are mandatory for registration on or after 01.04.2021.

7. The registration of the following two portals are also integrated with Udyam Registration Portal for the facilitation of MSME and ease of doing business:

  • Government e-Market (GeM) portal, and
  • TReDS portal

8. Re-classification of the existing registered enterprises following the new definition:

  • For ascertaining an enterprise as micro, small or medium, an enterprise must fulfill both the criteria i.e., investment and turnover. If the enterprise crosses the ceiling limit of even one criterion, then it will cease to exist in that category and be placed in the next higher category.
  • But the enterprise cannot 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.
  • In case of an upward change (from a lower to a higher category i.e. Micro to small), an enterprise will maintain its prevailing status till the expiry of one year from the close of the year of registration.
  • In case of reverse-graduation (sliding down to lower category i.e. Small to Micro) of an enterprise, 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. 

Disclaimer

This article is for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Whitespan Advisory does not warrant that the information contained in this article to be accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause. 

Please feel free to contact the undersigned in case you require any further information/ clarification on the above article. 

Atul Singh & Garima Bansal 

atul@whitespan.in |  garima@whitespan.in

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4 Comments

  1. Whitespan Advisory says:

    As per official notification of Ministry of Micro, Small And Medium Enterprises (MSME) dated 26.06.2020, the eligible enterprises who 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. However, enterprises taking registration on self-declaration basis, PAN and GSTN both are mandatory and updating of details on or before 31st March 2021 shall be required.
    After taking GSTN enterprise must update information on the Udyam portal on a self-disclosure basis. And if the enterprise fails to update the same, the status of the enterprise gets suspended.
    Therefore, enterprise must take GST registration mandatorily to remain register under UDYAM portal and to avail
    various benefits under Govt. initiatives.

    1. Whitespan Advisory says:

      As of now, traders are not allowed to take registration under MSME.
      However, during a meeting of Shri Nitin Gadkari, Union Minister for MSME and Road Transport and Highways with the representatives of Council of Leather Export, FICCI-‘NBFC Program’ and IMC Chamber of Commerce and Industry on the impact of COVID-19 on MSMEs, which is held on 04.06.2020, a suggestion is given for the inclusion of traders as MSMEs (link of the official communication attached below for your reference.
      Shri Gadkari responded to the questions from representatives and requested for sending suggestions and assured all the help from the government.
      Conclusively as of now Traders (as specified in detailed in MSME notification) are not allowed for MSME registration.
      https://pib.gov.in/PressReleseDetail.aspx?PRID=1629405

    2. Whitespan Advisory says:

      Dear Sir,
      I read your article on new registration under MSME.

      In that i need some information that, a person who is already resistered under MSME (Udyog Adhaar) under service category. At the time of registration he dont have GST Registration no. So, now it is compulsory and he dont want to be registered under GST as his turnover is below the limit. Then whether after the time period of updation it will automatically stands cancelled or have to compulsory take gst registration.


      CA PRAVEEN K AGRAWAL
      Ph: 9893883067

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