Cir(145)/2023-December 30, 2023

Cir(145)/2023-December 30, 2023

 

Committee:

Sub.: Amendments in Master Direction- Lending to Micro, Small & Medium Enterprises (MSME) Sector – reg.

Dear Sirs/Madam,

It is to inform you all that RBI vide circular no RBI/2023-24/100 FIDD.MSME & NFS.BC.No.13/06.02.31/2023-24 dated Dec 28, 2023 has updated the Master Direction- Lending to Micro, Small & Medium Enterprises (MSME) Sector (instructions/guidelines to banks relating to lending to the MSME).

The following amendments have been made as per the latest notification:

Para No Existing Revised
Para 2.2 All the above enterprises are required to register online on the Udyam Registration portal and obtain ‘Udyam Registration Certificate’. All the above enterprises are required to register online on the Udyam Registration portal and obtain ‘Udyam Registration Certificate’. For PSL purposes banks shall be guided by the classification recorded in the Udyam Registration Certificate (URC).
Para 2.4 Composite criteria of investment and turnover for classification

  1. Composite criteria of investment and turnover shall apply for classification of an enterprise as micro, small or medium.
  2. If an enterprise crosses the ceiling limits specified for its present category in either of the two criteria of investment or turnover, it will cease to exist in that category and will be placed in the next higher category; but no enterprise shall 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.
  3. All units with Goods and Services Tax Identification Number (GSTIN) listed against the same Permanent Account Number (PAN) shall be collectively treated as one enterprise and the turnover and investment figures for all of such entities shall be seen together and only the aggregate values will be considered for deciding the category as micro, small or medium enterprise.
Deleted
Para 2.5 Calculation of investment in plant and machinery or equipment

  1. The calculation of investment in plant and machinery or equipment will be linked to the Income Tax Return (ITR) of the previous years filed under the Income Tax Act, 1961. The online form for Udyam Registration captures depreciated cost as on 31st March each year of the relevant previous year. Therefore, the value of plant and machinery or equipment for all purposes of the Notification No. S.O. 2119(E) dated June 26, 2020 and for all the enterprises shall mean the Written Down Value (WDV) as at the end of the Financial Year as defined in the Income Tax Act.
  2. In case of a new enterprise, where no prior ITR is available, the investment will be based on self-declaration of the promoter of the enterprise and such relaxation shall end after the 31st March of the financial year in which it files its first ITR.
  3. The expression ‘’plant and machinery or equipment’’ of the enterprise, shall have the same meaning as assigned to the plant and machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and shall include all tangible assets (other than land and building, furniture and fittings).
  4. The purchase (invoice) value of a plant and machinery or equipment, whether purchased first-hand or second hand, shall be taken into account excluding Goods and Services Tax (GST), on self-disclosure basis, if the enterprise is a new one without any ITR.
  5. The cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the MSMED Act, 2006 shall be excluded from the calculation of the amount of investment in plant and machinery.
Deleted
Para 2.6 Calculation of turnover

  1. Exports of goods or services or both, shall be excluded while calculating the turnover of any enterprise whether micro, small or medium, for the purposes of classification.
  2. Information as regards turnover and exports for an enterprise shall be linked to the Income Tax Act or the Central Goods and Services Act (CGST Act) and the GSTIN.
  3. The turnover related figures of such enterprise which do not have PAN will be considered on self-declaration basis for a period up to March 31, 2021 and thereafter, PAN and GSTIN shall be mandatory.
Deleted
Para 2.7 Classification of Enterprises in case of upward /downward migration

In case of an upward change in terms of investment in plant and machinery or equipment or turnover or both, and consequent re-classification, an enterprise will maintain its prevailing status till expiry of one year from the close of the year of registration. In case of reverse-graduation of an enterprise, whether as a result of re-classification or due to actual changes in investment in plant and machinery or equipment or turnover or both, and whether the enterprise is registered under the Act or not, 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. Other aspects relating to registration of enterprises, grievance redressal, etc. are mentioned in the Gazette Notification S.O. 2119 (E) dated June 26, 2020.

Deleted

Members may kindly take note of the above amendments.

Thanking you,

Yours faithfully,

Chandrima Chatterjee 

(Secretary General)

 

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