Due Dates For MSME Form 1 (MCA) & MCA New E-Form INC 22A (Active)


MSME and MCA INC 22A Due Dates Form

Some Features of Form MSME-I

It is applicable towards the dues to only Micro or small enterprises and not towards Medium.

The due amount will be collected for more than 45 days. Towards the delay, the reporting is to be fulfilled for the amount of the payment left and the causes. If all the payments because of micro or small enterprises build prior to 45 days, then Form has not been needed to be furnished. 

Nil return is not mandatory.

Under MSME Re-reimbursement of expenses has not been included.

Note: As Per the Applicability of the provisions to file MSME Form 1 by Complaw Software

Documents Needed

  • Petitioner’s Aadhaar card
  • Pan Card of the petitioner if the proprietor or Company or firm Pan Card in Case of Company/firm
  • Information of the Bank Account 
  • Office and Plant Locations address and proof.
  • AOA and MOA
  • Bills of the equipment and the machinery.

Points to File Form MSME 1:

Once the form through the MCA portal has been downloaded then you can open the form and choose if the filing has been done for initial return or for regular half-yearly return. 

On opting for the purpose of the form enter CIN of the firm and Tap on the prefill button.

Once the prefill button has been clicked then the system will automatically prompt the name, address of the registered office, and email ID of the Company. But you can edit the email ID of the firm and enter the amended one. 

Post entering to the outstanding amounts left as on the notification date of this order that is 22/01/2019.

Post entering the outstanding amount inserting the number of entries that is the number of suppliers whose amount is not paid yet including other information like name, PAN, amount due towards the supplier, a fiscal year from where the amount is relevant to it. 

It is important to provide the cause for the delay in furnishing the payments because of the supplier.

There are no important attachments needed for the case of furnishing the Form MSME I. but it is needed to attach any proof of amount left to these suppliers like invoices or cash memo carrying the data furnished in form and to moreover avoid any kind of error. 

Insert the designation (Director, Manager, Company Secretary, CEO, and CFO) of the individual digitally signing the form and insert DIN/PAN as per that. 

Tap on Check Form. Affix digital signature and then Tap on pre-scrutiny.

The filing of similar is implemented on the MCA portal once the Form is pre-scrutinized.

complaw-without-xbrl software


Penalty for Non-Compliance

Beneath the procurement, any firm defaulting will be required to cancel the fine of Rs 25k in which the defaults of the Director, CFO, or CS will be needed to qualify towards the imprisonment term of up to 6 months or the fine whose range lives across Rs 25k to Rs 3 lac.

Due Date for Filing MSME Form 1 (MCA):

1. Initially (One time)

  • Ministry of Corporate Affairs(MCA) in a circular extends due date for filing MGT 07 Annual return form for the companies under the jurisdiction of the Union Territories of Jammu & Kashmir and Ladakh till 31st March 2020. (Read Official Notification)
  • It is mandatory for every company to file MSME Form 1 within 30 days from the date of deployment of said E-form on the MCA portal (as extended by the MCA). All the details of outstanding dues, to Micro or Small enterprises suppliers, existing on the date of notification of this order should be furnished in this form. (Read Official Notification)

2. Thereafter The Half-yearly return

  • The Form MSME I (half-yearly return) needs to be filed within 30 days from the last dates of each half-year in relevant to the outstanding payments to MSE’s i.e. 31st October 2019 (April 2019 to September 2019) 30th April 2020 (for October 2019 to March 2020). Find the notification here. (Read Notification)

Exemption to this Rule:

  • The
    Rules’ applicability is not for all the Companies but just for
    those Specified Companies whose payment to MSMEs suppliers exceed 45
    days from the date of acceptance or deemed acceptance of the goods
    or services as per the provisions under section 9 of the MSME
    Development Act, 2006.
  • An
    exemption is also applied in cases where payment against supplier
    exceeds 45 days but the supplier/Creditors gives a declaration that
    they do not lie in the category of Micro or small Enterprises.

Now Let us Understand the Relevance of MCA New E-Form INC 22A

After the introduction of new MSME Form 1 for Specified Companies whose outstanding payment to supplier exceed 45 days, the Government has now introduced the address validation form FORM INC-22A (ACTIVE) as per the Companies (incorporation) Rules, 2014 after rule 25 which is required to be followed further.

What
is MCA New E-Form INC 22A (Active)?

As
per the Company law, the
ministry
of corporate affairs directs the Companies to get their address
validated through E-form INC-22A. There is name tag applicability in
the E-form INC-22A which tags identities and verification (ACTIVE).
The form is applicable and is mandatory for all the registered
companies as per the companies’ Act 2013.

Applicability
of Form INC-22A (Active) by MCA

The
new revised rules are applicable to the Companies incorporated
on
or before the 31 December 2017. All the details regarding the company
and its relevant registered office should be furnished and submitted
through e-Form ACTIVE (Active Company Tagging Identities and
Verification) on or before 25.04.2019.

Due
Date of Form INC-22A (Active) by MCA with Penalty

As per the Government Rules, filing of Form INC-22A (Active) has been mandated and is required to be filed on or before 25th April 2019. The forms would also be accepted with a late fine of INR 10,000 if filed after 25th April 2019.

NOTE: The government has extended the due date till 15th June 2019.

In a case where a company does not file the INC-22A (ACTIVE) form, the government would not be accepting certain forms from them including:

  • SH-07
    (Change in Authorized Capital)
  • PAS-03
    (Change in Paid-up Capital)
  • DIR-12
    (Changes in Director except for cessation)
  • INC-22
    (Change in Registered Office)
  • INC-28
    (Amalgamation, de-merger)





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