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Filing of return for delayed payment to MSMEs- Effective or frittering?

By Simran Jalan (corplaw@vinodkothari.com)

The Government of India enacted the Micro, Small and Medium Enterprises Development Act, 2006 (“the Act”)[1] to ensure timely and smooth flow of credit to micro, small, and medium enterprises (MSMEs) and minimize sickness among them. The Act strengthens the provisions relating to delayed payments to the MSMEs by specifying the maximum credit period and higher penal interest if delayed beyond that period.

The Government, on November 2, 2018, issued a notification[2] (the Notification) with respect to delayed payments to the MSMEs. Before delving into the notification, let us first understand the extant provisions relating to delayed payments in the Act.

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