THE INSTITUTE OF Company Secretaries of India
IN PURSUIT OF PROFESSIONAL EXCELLENCE Statutory body under an Act of Parliament
February 19, 2019
Shri Injeti Srinivas, I.A.S.
Hon'ble Secretary to Government of India
Ministry of Corporate Affairs
Dr. Rajendra Prasad Road
New Delhi - 110 001
Subject: Deployment of Form MSME-1 - Reg.
This has reference to the MCA Notification No. 5.0. 368(E) dated 22nd January, 2019 containing the "Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order, 2019" wherein it is directed that:
"Every specified company shall file in MSME Form 1 details of all outstanding dues to Micro or small enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification." (Order 2)
Accordingly, every specified company is required to file the Initial return of outstanding dues to Micro or Small Enterprises Suppliers in MSME Form I by 21st February, 2019.
Although the MSME Form I for furnishing the above details with the Registrar in respect of outstanding payments to Micro or Small Enterprises has been prescribed in the aforesaid notification, the said e-form has not yet been made available on the MCA website.
With the due date just around the corner and the eForm not being available, it is practically not possible for the companies falling within the ambit of this law to comply with this requirement. The difficulties are further accentuated for companies with wide business network to gather information from suppliers pertaining to their MSME Registration status.
In light of the above, we request you to kindly consider clarifying that MSME Form I will be deployed shortly and also that non-filing due to non-availability of this Form by February 21 would not result in non-compliance of the provisions of Companies Act, 2013.
(CS Ashok Kumar Dixit)