Subordinate Legislation & Statutory Directives

MSME Delayed Payment Facilitation Scheme (MSME Samadhaan)

Statutory delayed payment provisions, 45-day rule, 3x RBI bank rate penal interest, mandatory 75% pre-deposit, and Supreme Court precedent under Section 18 MSMED Act 2006.

Substantive Sections

MSME Delayed Payment Facilitation Scheme (MSME Samadhaan)

Sections 15 – 19, MSMED Act 2006

The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) establishes a robust statutory dispute resolution and penal interest mechanism to ensure prompt liquidity and payment protection for MSME suppliers against defaulting buyers.

Statutory Provision Section Reference Statutory Mandate & Buyer Liabilities
Maximum Payment Window Section 15 Buyer must pay on or before agreed date, which in no circumstance can exceed 45 days from acceptance of goods/services.
Compound Penal Interest Section 16 Failure to pay within 45 days triggers liability to pay monthly compounding interest at 3 times the RBI Bank Rate.
MSEFC Statutory Reference Section 18 Disputes referred to Micro and Small Enterprises Facilitation Council; mandatory conciliation followed by statutory arbitration.
Mandatory 75% Pre-Deposit Section 19 No Court can entertain any appeal or challenge to an MSEFC award unless the buyer deposits 75% of the awarded amount.

Supreme Court Landmark Jurisprudence on MSMED Delayed Payments

Binding Precedents

The Supreme Court of India has delivered authoritative rulings establishing the scope and overriding power of the MSMED Act:

  • Pre-Existing Registration Prerequisite: In Silpi Industries v. Kerala State Road Transport Corporation (2021) 18 SCC 790, the Supreme Court held that the supplier must hold a valid Udyam registration on or before the date of entering into the contract of supply to claim Chapter V statutory benefits.
  • Statutory Arbitration Overrides Agreement: In Gujarat State Civil Supplies Corp. v. Mahakali Foods Pvt. Ltd. (2023) 6 SCC 401, the Supreme Court ruled that Section 18 MSMED Act statutory arbitration strictly supersedes and overrides any independent contractual arbitration clause agreed between the parties.
  • No Waiver of 75% Pre-Deposit: In Tirupati Steels v. Shubh Industrial Component (2022) 7 SCC 429, the Supreme Court ruled that the Section 19 requirement of 75% pre-deposit is mandatory and cannot be relaxed or waived under Section 34 of the Arbitration Act.

MSME Samadhaan Portal Procedure & Tax Disallowance

Section 23 & Section 24 MSMED Act

Income Tax Disallowance (Section 23): Notwithstanding anything contained in the Income-tax Act, 1961, the amount of penal interest paid or payable under Section 16 is strictly non-deductible from the buyer's income when computing taxable profits.

Section 24 Overriding Effect: The provisions of Sections 15 to 23 have overriding effect over anything inconsistent contained in any other law or commercial agreement, guaranteeing primacy to MSME suppliers.

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