I. Introduction
MSME compliance in India ensures timely payments to Micro and Small Enterprises, supporting their financial health. MSME Form 1 is a mandatory disclosure for companies that delay payments beyond 45 days. This blog simplifies the recent changes to Form 1 and helps businesses understand their responsibilities to stay compliant.
II. Changes in MSME Form 1 Filing: Transition from V2 to V3 Portal
Previously, when MSME Form 1 was filed through the V2 portal of the Ministry of Corporate Affairs (MCA), companies were required to report only those outstanding dues to vendors classified as micro and small enterprises (MSEs) that remained unpaid for more than 45 days from the date of receipt of goods or services, as of the end of each half-year. Consequently, if a company cleared such dues before the close of the reporting period, even if delayed beyond 45 days, it was exempt from disclosing those transactions in the form.
Additions in Revised MSME Form 1 (V3 Portal):
With the transition to the V3 portal, the updated MSME Form 1 now requires companies to provide more comprehensive payment data related to micro and small vendors. The revised form captures four categories of transactions:
- Payments made during the half-year to micro and small vendors within 45 days.
- Payments made during the half-year to micro and small vendors after 45 days.
- Outstanding payments as of the end of the half-year period, where less than 45 days have elapsed.
- Outstanding payments as of the end of the half-year period, where more than 45 days have elapsed.
In contrast to the V2 version—which only required disclosures mentioned in points 2 and 4 above—the V3 version introduces additional reporting for on-time payments (point 1) and payments not yet overdue (point 3), without any accompanying amendment to the underlying legal provisions or MCA circulars.
III. TIME PERIOD:
Every company on which this form applicable shall file MSME-1 with ROC every half year.
i. April to September, Due Date is 31st October
ii. October to March, Due Date is 30th April
IV. Who is Required to File MSME Form 1?
Every company—whether public or private—is required to file MSME Form 1 if it meets the following conditions:
- It has received goods or services from suppliers registered as Micro or Small Enterprises (MSEs) under the MSMED Act, 2006.
- Payments to these MSEs remain outstanding for more than 45 days from the date of acceptance or deemed acceptance.
- Even if the payment is eventually made after 45 days, it must still be reported for the relevant half-year period.
V. Details Required in the Revised MSME Form 1
Companies filing the revised MSME Form 1 must provide the following key information:
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Company Identification Number (CIN) and PAN
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Name, address, and official email ID of the company
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Details of MSME suppliers: Name, PAN, and nature of goods/services supplied
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Outstanding amount and the duration of non-payment
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Date from which the payment is due
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Reason for payment delay, selected from revised dropdowns or structured options
The new format promotes standardized data collection, making compliance monitoring and enforcement more efficient.
VI. Consequences of Non-Filing
i. Additional Fees:
There is no government fee for filing e-Form MSME-1, as it is submitted to the Registrar of Companies (ROC) free of charge. Furthermore, the Central Government has not prescribed any additional or late fees for delayed submission. Therefore, even if the form is filed after the due date, the company is not required to pay any extra filing fees.
ii. Penalty:
Non-compliance with the filing requirement may attract penalties under Section 450 of the Companies Act, 2013, which applies to defaults under Section 405 (requiring submission of information to the ROC).
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Penalty on the Company:
10,000 for the first instance of default. In case of a continuing default, an additional ?1,000 per day is levied, subject to a maximum of ?2,00,000.
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Penalty on Directors/Officers in Default:
50,000 per person who is responsible for the default.
VII. Conclusion
The recent changes to MSME Form 1 through the transition from the V2 to the V3 portal significantly expand the scope of reporting for companies dealing with micro and small enterprises. While the form continues to support the government’s objective of ensuring timely payments to MSMEs, it now demands greater transparency and detailed disclosures—including on-time payments and those not yet overdue.
With strict penalties in place for non-compliance, it is crucial for companies to stay proactive, identify MSE vendors, track payment timelines accurately, and file the form within prescribed deadlines. By understanding the updated requirements and maintaining proper documentation, businesses can not only ensure compliance but also support the broader initiative of strengthening India’s MSME sector.