Companies to submit half yearly returns for dues to MSMEs

Further to the notification issued by the Ministry of Micro, Small and Medium Enterprises, dated 02nd November, 2018, please note the below-

1. All the Companies who get supplies of goods or services from MSMEs

AND

whose payments to the suppliers exceed 45 days from the date of acceptance or date of deemed acceptance.

{Date of deemed acceptance means the date of actual delivery of goods or rendering of services, where no objection is made in writing by the buyer regarding acceptance of goods or services within fifteen days from the day of the delivery of goods or the rendering of services}

2. Such companies shall file a half yearly return with MCA, stating the following-

a. The amount of payments due

b. The reasons of delay in paying

However, it is important to note that the notification has not prescribed any form for filing such a return. It is expected that MCA will come up with a notification in this regard.

Author: Kushbu Vijayvargi, Partner at M&K Associates and can be reached at kushbu@mnklaws.com