As per the MSME (Micro, Small and
Medium Enterprise) Act 2006 which has replaced the SSI Act manufacturing/
service enterprise can be considered to be a MSME if it fulfills the following
criteria of investment in plant and
machinery/ Equipments:
Manufacturing enterprises: engaged in the manufacture or production of goods
pertaining to any industry specified in the first schedule to the Industries
(Development and Regulation) Act, 1951, shall be considered to be either a
Micro, Small or Medium enterprise depending on the investment in plant and machinery, as below:.
-
Micro
Enterprises - where the investment in
plant and machinery does not exceed Rs.25 lakh.
-
Small
Enterprises - where the investment in plant and machinery is
more than Rs.25 lakh but does not
exceed Rs. 5 crore
-
Medium
Enterprises - where the investment in plant and machinery is more
than Rs. 5 crore but does not exceed Rs. 10 crore.
Service enterprises: engaged in rendering or providing
services, shall be considered to be either a Micro, Small or Medium enterprise
depending on the investment in equipments,
as below:.
-
Micro
Enterprises - where the investment in equipment does
not exceed Rs.10 lakh.
-
Small
Enterprises - where the investment in equipment is more than Rs.10 lakh but does not exceed Rs. 2
crore
-
Medium
Enterprises - where the investment in equipment is more than Rs. 2
crore but does not exceed Rs. 5 crore.
Registration:
Even if a
company falls under MSME, it is at the discretion of the company to get itself
registered as MSME or not.
Advantages and Disadvantage
Sr No
|
Advantages
|
Dis-advantages
|
1
|
To avail
of some benefits, incentives or support given either by the Central or State
Govt. Eg.
- Credit prescription (Priority
sector lending), differential rates of
interest etc
- Excise Exemption Scheme -
Exemption under Direct Tax Laws.
- Statutory support such as
reservation and the Interest on Delayed Payments Act.
(It is to be noted that the Banking Laws, Excise Law and
the Direct Taxes Law have incorporated the word MSME in their exemption
notifications. Though in many cases they may define it differently. However,
generally the registration certificate issued by the registering authority is
seen as proof of being MSME)
|
Ambiguities in reverse charge mechanism will hurt MSMEs'
(applicable to Service Industry), like any other service industry. (No
specific exemption provided )
Reverse Charge
Mechanism:
Generally,
it is the service provider that is liable to pay service tax to the Central
Government. However, the Government can also notify the service recipient as
the entity liable to pay service tax. This is popularly known as the Reverse
Charge Mechanism.
|
2
|
States/UTs have their own package of facilities and
incentives for small scale they are as follows:
- development of industrial estates,
tax subsidies, power tariff subsidies, capital investment subsidies and other
support.
Both the Centre and the State, whether under law or
otherwise, target their incentives and support packages generally to units
registered with them.
|
MSME can
not invest more than 10 Crore
|
3
|
Credit Guarantee Fund Scheme for
Micro and Small Enterprises
The
Credit Guarantee Fund Scheme for Micro and Small Enterprises (CGMSE) was
launched by the Government of India to make available collateral-free credit
to the micro and small enterprise sector. Both the existing and the new
enterprises are eligible to be covered under the scheme.
|
|
4
|
Establishment of Trust:
The Ministry of Micro, Small and Medium Enterprises and
Small Industries Development Bank of India (SIDBI), established a Trust named
Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) to
implement the Credit Guarantee Fund Scheme for Micro and Small Enterprises.
The scheme was formally launched on August 30, 2000 and is operational with
effect from 1st January 2000.
|
|
5
|
Prompt payment for Goods Supplied
/ Services provided
All
businesses are required to disclose the amounts due for more than such period
to MSMEs in their financials and it is part of most Bank/ financing documentation.
This has been done with a view to ensure
that the precious Working Capital of such small businesses does not get
blocked with larger industries/ businesses
|
|
Investments:
- An industrial
undertaking which is an MSME, i.e., a company with interests in industry can
invest upto 24% equity in a MSME unit.
-
If such investment in another industrial undertaking in form of equity exceeds
24%, the industrial unit loses its MSME status.
Ceasing to be a MSME:
Manufacturing enterprise: When the investment in the plant and
machinery exceeds more than Rs. 10 Crores it shall cease to be a MSME and all
the privileges and advantages ceases accordingly.
Service enterprise: When the investment in the equipment
exceeds more than Rs. 5 Crores it shall cease to be a MSME and all the privileges
and advantages ceases accordingly.
Conclusion
Even though many privileges are
envisaged in the Act, in practice most Banks are reluctant to extend loans to
such Micro/ Small / Medium enterprises. Due this factor and the ever increasing
clamour for FDI, in every sector, this breed of small scale industries, is
becoming more endangered, and one tends to fear it may become obsolete like the
original SSI Act, to be replaced only by the MNCs and conglomerates of the
world.
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