Accelerating Dues Recovery for SMEs

In the era of commerce, small and medium sized enterprises (SMEs) from the world’s economies backbone, making employment, determine innovation, and enhancement in economy. However, issues faced by these entities is the timely recovery of dues owed to them. The long delay in payments generally strains their cash flow, delaying its efficiency in performance and development purpose. In the present article, we identify the imperative support of SMEs, there requirement to foster mechanism to provide the Dues Recovery for SMEs.

Short note on Small and Medium Enterprises

Small and Medium Enterprises (SMEs) play a crucial role in the world economy of innovation, development and creation of job. These entities are generally characterized by their small workforce and income compared to larger organizations, from the backbone of several economies. SMEs are typically known for the capability of cater niche markets, agility, and adaptability, creating them important contributors to both global and local economies.

In spite of their importance, SMEs generally face several issues, such as resource constraints, finance management, burden of legislation, and struggling in scaling performances. However, there are several merits like closer consumer relationships, great flexibility, and quick decision-making procedure.

The significance of supporting SMEs, are understood by the corporations, governments, and financial associations by initiatives aimed at giving access to funds, enhancing innovation, fostering entrepreneurship, and decreasing regulatory barriers. Through nurturing development and sustainability of SMEs, shareholders can unlock their potential as prosperity and economic growth.

Portal of MSME Samadhaan

In SMEs, there is general period to make payments, and as per Section 15 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act, 2006), payments shall be made to micro and small entities within 45 days according to the agreement in case any or within 15 days of acceptance of SMEs goods and services. 

Now one question is raised that how to attain benefits of these provision? Thus, here is an answer:

• Faster recovery is made only for the micro and small enterprises: Small enterprises require to fulfill the plant and machinery’s composite criteria of investment of Rs. 10 Crores and turnover limit shall not exceed of Rs. 50 Crores. Meanwhile, in Micro enterprise is one that fulfils the machinery and plant’s composite eligibility of investment of Rs 1Crore and turnover not exceeds of Rs. 5 Crore.
• SMEs requires to be registered with Udyam Aadhar: It is for entitling the company to get the support of time period for linking non-payment of sorted out by MSME Samadhan portal.
• The enterprises need to mention registration number of Udhyam Aadhar on their sheets of supply orders, bills, letterheads, invoices, and other required documents.
• After filling on the MSME Samadhaan portal, the application is spontaneously carry forwarded online to the Micro and Small Enterprise Facilitation Council (MSEFC). 
• Kindly submit the affidavit of oral purchase order or work order, if various invoices, combine them into single PDF and then upload. 
• The MSEFC provides the facility of payment by mutual consent and no court appeal can be created against it.
• The enterprises claim can be filed against principal along with interest together or individually.
• Each reference to MSEFC must be decided within a time limit of 90 days from the creating reference date.
• The Facility of MSEFC is taken as secured credit and the award must be communicated to the IPR/RP/NCLT, if the CIRP of the purchaser.
• In the default matter, the purchaser is liable to pay compound interest with the monthly supplier of SME on the number of three-time bank rate identified by RBI.
• The huge benefits of filing claim by MSME Samadhaan Portal are saving time, deterrent impact on the purchasers from MSME, and free cost.

Income tax changes

In the financial year of 2023 budget, the provision of section 43B (h) has been added. It will have huge effect on SME dues payment. 

• The reduction in payment will be permitted only on the bases of payment in the year of which payment is generally made.
• The amendment is in contrast to previous provision of deduction of the end year outstanding an accrual basis. In case the payment is done on or before the due date of filing Income tax return. On the other hand, concept is valid in case payment is created on withing time period as per provisions section 15 of the MSMED Act, 2006.
• If SME dues are made within 45 days as per agreement of 15 days of appointed day as needed by provisions of section 15 of the MSME Act. The purchaser will not get any reduction on tax for those entities’ expenditure in its income tax return.
•  Advance payment created to SMEs must be permitted as deduction in the payment year itself in case does not fall due for payment.
• As per section 43B of the Income Tax Act, 1961, the non-obstante clause does not override the sections of MSMED Act, 2006.
• Section 43B of the Income Tax Act, 1961 implies to reduced about entities income, it does not apply to payments that are capitalized and not charged to profit and loss account.
• In provision of section 15 limitation, the sum paid at the financial year shall be permitted on payment basis in the year in that it is paid.
• Corporate purchasers such as foreign corporations doing business in India shall file half yearly returns as per MSME form I by 31st October for April to September and by 30th April for the October period to March, mentioning the reason of delay and due payments. In the default manner, subject to maximum Rs payable is Rs. 3 Lakhs.
• Auditors and companies have certain responsibilities to create relevant disclosures in audit tax and other reports. 

Takeaway

Through the article, we can say that the acceleration of dues quick recovery for SMEs is amount to its economic contribution and sustained success. Efficient and swift tools are not only guiding financial strain, but also empower these businesses to reinvest in their innovation, enhancement, and workforce. By well-organized procedures, advance technology and having collaborative partnerships, shareholder can make a helping environment where SMEs thrive. If you want to know further about the same, feel free to contact with the CAGMC professionals, they will provide you proper and deep guidance.