Dharambir Singh vs Msme Di New Delhi on 17 September, 2024

[Cites 3, Cited by 0]

Central Information Commission

Dharambir Singh vs Msme Di New Delhi on 17 September, 2024

Bench: Heeralal Samariya

                              के न्द्रीय सूचना आयोग
                     Central Information Commission
                          बाबा गंगनाथ मागग, मुननरका
                     Baba Gangnath Marg, Munirka
                      नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/SISND/A/2023/631941

Shri Dharambir Singh                                       ... अपीलकताग/Appellant
                                 VERSUS/बनाम

PIO,                                                   ...प्रनतवािीगण /Respondent
MSME DI New Delhi

Date of Hearing                      :   12.09.2024
Date of Decision                     :   12.09.2024
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      01.05.2023
PIO replied on                    :      30.05.2023
First Appeal filed on             :      10.06.2023
First Appellate Order on          :      20.06.2023
2 Appeal/complaint received on
 nd                               :      30.06.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 01.05.2023 seeking information on following points:-

1. Kindly provide information to check & verify documents submitted while UDYAM registration. (Procedure available on MSME website is only to verify UDYAM no & not to verify other documents submitted while applying MSME / UDYAM registration.

2. Mr. Vivek Raheja has not finalized balance sheet of 31-03-2019 & afterwards, claiming that suspended director is non-cooperative. Copy of IBBI remarks date 10-01-2023 attached.

Please provide information that without balance sheet of 31-03-2019, without amount of investment in Plant and Machinery, turnover, MSME / UDYAM registration can be obtained.

3. Mr. Sushant Chhabra was not Director of company on 18-10-2020. Kindly provide copy of original Application dt 18-10-2020 submitted by Suspended Ex-Director Mr. Sushant Chhabra.

4. Mr. Mahipal Singh is employee of company Trading Engineers International Ltd & not authorized to apply / amend MSME / UDYAM Registration. Kindly provide copy of application for amendment submitted, by Mr. Mahipal Singh, 8800864003 & date of amendment.

5. Kindly provide copy of authority issued by Mr. Vivek Raheja, Resolution professional in favor of Mr. Mahipal Singh, to amend Udyam Registration.

6. Company is having Plant in Roorkie applied Udyam Registration in Delhi. Uttarakhand, whereas Company Page 1 Kindly provide documents of verification of Unit done by DIC Delhi The CPIO, MSME DI New Delhi vide letter dated 30.05.2023 replied as under:-

" ATTACHED AS CLARIFICATION CLARIFICATION Subject: Udyam Registration: Clarification regarding Financial Year in respect of the data of Investment, Turnover and Export from the IT Department and GSTN for effecting the Classification of MSMEs-reg. Ministry of MSME has received a number of representations from MSMEs and industry associations and other MSME stakeholders with respect to the selection of the year of data in respect of Investment and Turnover and also of the export value for the MSME classification while registering on Udyam Portal (https://udyamregistration.gov.in).

2. It is brought to the notice of the enterprises/ entrepreneurs/ general public that Gazette Notification No. S.O. 2119(E) dated 26.06.2020, and subsequent to its implementation, classification of MSMEs through online UDYAM Registration Portal has been put in place with effect from 01.07.2020. Subsequently, this notification has been amended on 05.03.2021 with the objective of facilitating the exemption from the requirement of having GSTIN as per the provision of CGST Act, 2017.

3. Further, it is added that the data of Investment and Turnover either get auto filled/ fetched from the Income Tax Department and GSTN (for those enterprises who have filed IT and GST Returns) or is filed on a self-declaration basis (by those enterprises who are yet to file the IT and GST Returns). The data which gets auto filled/ fetched from the IT Department and GSTN is the data which had been finalized by the above respective Departments after rectification, wherever necessary, for the relevant Financial Year.

4. For example, for filing on Udyam Portal the Financial Year 2020-21, the data of 2018-19, in respect of Investment and Turnover from the IT Department and GSTN, were fetched/auto-populated to avoid any deviation/ dispute in such data that may affect the MSME classification. This has been adopted due to the following reason:

For the Financial year 2018-19, the timeline for filling of IT Return was July, 2019 and time may be required for further processing. In the case of companies/ enterprises, the accounts gets audited and completed by October or November, 2019. Also, the process of GST Return for the Financial Year 2018-19 follows similar timelines. Hence, frozen data of 2018-19 has been considered for MSME registration and classification during the year 2020-21.

5. To summarise, the following procedure has been adopted in relation to data (auto filled/ fetched) in the UDYAM Registration Portal w.e.f. 01.07.2020 onwards:-

For Registration and Classification of MSME:

Financial Year of Registration in Data (Investment, Turnover and Udyam Portal and classification as Export) taken or to be taken from IT MSMEs Department and GSTN from the relevant Financial Year Page 2 2020-21 2018-19 2021-22 2019-20 2022-23 2020-21 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.06.2023. The FAA vide order dated 20.06.2023 stated as under:-

"The information desired by the applicant is not available with this office. However, it is to inform that Udyam Registration is a paperless, online platform for filing of Udyam registration on self-declaration basis and does require any document to be uploaded as per notification no. S.O.2119 dated 26.06.2020."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Shri Ramchandran appearing on behalf of the appellant Respondent: Shri Mohit kumar Gautam,CPIO & OP Sawan ,FAA The CPIO submitted that all the material information available on record has been furnished to the appellant.

Decision:

Keeping in the view of the case records - and the submissions made by the CPIO , the commission is of the view that an appropriate response as per the RTI Act, 2005 has been provided by the CPIO no further intervention of the commission is required in the instant matter. Hence, with the above observation, the second appeal stands disposed off.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) Powered by TCPDF (www.tcpdf.org)

Unlock Advanced Research with PRISMAI

Central Information Commission