Section 22: Requirement to specify unpaid amount in annual accounts

Micro, Small and Medium Enterprises Development Act, 2006 • Official Statutory Text & Practice Guide

MSME Law
3x Compound Interest
MSEFC Facilitation Council
Act 27 of 2006
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the MSMED Act mandates that every buyer required to have its accounts audited under any law must explicitly disclose outstanding unpaid dues to MSME suppliers, along with accrued interest, in its annual financial statements.

  • Core Legal Standard: Section 22 enforces corporate transparency by compelling buyers subject to statutory audit to disclose detailed particulars regarding micro.
  • Operational Application: Small enterprise dues in their balance sheets and annual accounts.
Key Landmark Precedents:
  • Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd. (2023) 6 SCC 401: The Supreme Court observed that the disclosure mandates under Section 22 reinforce corporate accountability and provide unimpeachable written admissions of liability that prevent buyers from disputing undisputed trade payables in subsequent recovery proceedings.
Legal Commentary:

Section 22 imposes severe accounting discipline on corporate entities. Failure to disclose MSME dues or misreporting them constitutes a statutory violation under Section 27 and triggers penal consequences under the Companies Act, 2013 and reporting obligations for statutory auditors under CARO (Companies Auditor's Report Order).