Dear sir Is there any legal procedure to make full and final settlement from the company . From last 1 year my company not paying my full and final settlement please tell me the legal or online complain app
SIR I AM FROM MAHARASHTRA.. THIS IS VERY INFORMATIVE AND GUIDELINE VIDEO, SIR YOU ARE DOING EXCELLENT VIDEO TO DELIVER NEW WAYS FOR SMALL BUSINESS...MR BAKSHI ALWAYS GIVE RESPOND ON PHONE... THANKS FROM BOTTOM OF HEART
@@Dudhsagar23 Thank You for your kind words sir. Small business are the back bone of the county, when they flourish the entire county flourishes. Jai Hind, Jai Bharat.
This would help a lot and I think I could finally get my full payment thanks for the video. What is the format of affidavit to be used could not find that.
Sir I have MSME certificate and Its mentioned Trading activity on certificate, When I go to msme samadhan, and Add Register mobile no. And udyam no. For otp, it shows "trading unit are not allowed". So Can I not file a register a case?
Sir, change you Udhyam Certificate and add “Services” to it since Traders also provide Consultancy and Credit etc facility/services. Also, you can mention yourself as a “Manufacturer” if the branding in your trading products is yours own. By any of these 2 ways you can file your case. For any clarification you can contact the numbers mentioned in the description.
Thanks for your kind appreciation, there is no ‘limitation’ while filing the case. The error of Invoice being prior to July 2022 would be due to issues with Udyam Registration, update your Udhyam and you’ll be good to go.
Only factory waleee ya fir traders ko bhi lagu hogaaa yeeee????????jaise mai ak wholesaler hu to kyaa mebhi 45 din me le sakta hu Payment party se ???please bataye confusion yahi h
Sir, even traders can file their case under MSME Act if its commercial trading and not retail trading. You should update your Udhyam accordingly, commercial trading involves services as well and in some cases outsourced manufacturing, you can make any of these additions in the Udyam Card and you will be able to file your case without any hassle.
No Sir, ek Pvt. Ltd. ya Ltd. Company ek separate Legal Entity hoti hai, aapko apne invoices pe unka GST number mill jayega. lekin agar buyer proprietorship hai toh uss case main aap prop ka PAN number bhi daal sakte hai.
Should i go with udyog aadhar or udayam registration, as my invoice is starting from 2012, and udayam is taken in 2021, so to not let error show with invoice date, should i just go with udyog registration option when filing case? Please advise sir. If such error shows, how can i update my client's udayam? Please guide sir.
Sir, please guide me, my client,builders, only had taken a government license registration in 2008,for doing construction work , but they had taken udayam registration in 2021,and invoice in dispute is dated from 2012-2016. Can i file for delayed payments if instead of udyog aadhar,they held a government license to conduct construction work prior to taking udayam in 2021? I need your valuable guidance sir,would be of a much big help.
Sir after how many days can we file the case ? My bills are of feb 2023. But when I am trying to upload. It is saying the date of invoice in dispute should be earlier than 01/07/2022
Sir, this is a very common error which comes when you have migrated to Udhyam from Udyog, kindly update your Udhyam card and you will be able to file your case.
I'm having the same issue as well. Is it a glitch? Payments to MSME is due within 45 days so I'm surprised that this is happening for me even now when my invoice is for April 2023
Firstly kudos to your presentation too good. Secondly if the Respondents are two directors or individuals should we mention both names in box 5.1 or only one ? Pls suggest ?
Thanks for the details sir apki video dekh k mene msme mai case file kiya hai jisko 15 days ho gae hai lekin uska status your application not converted in case arha hai mtlb wo abhi tak case mai convert nhi hua tou ab aage kya kare plz suggest
Namaste, Just saw your video. Thanks for explaining in such detailed manner. I have certain queries. 1. in some cases I have the party's signature on challan but not on Invoice, so can he say that they havent received the Invoice. I guess in that case the proof would be that they took the tax credit ITC in their GSTR3B of the Invoice I filed in GSTR1. 2. Now most of my client not paying, neither replying, their payment is due pre-COVID while I registered in 21. Udyam, itself was launched post-covid. So I can not file for those pre-covid invoice. 3. Does the party not paying needs to be big (as your opening images showed, large scale factories), or can it be someone like me (although I don't know if they are registered under MSME)
Namaste SIr, thanks for watching my video. Yes, you don't need signatures on the Invoice, Tax Credit ITC in the GST return is sufficient proof, For pre covid cases you can file your case using Udyog Card, Udyam registration is nor necessary, the case can be filed against any buyer(small company or large enterprise)
Sir in the concerned video, you have mentioned (at 7:47 ) that you need to take that amount which is balance / unpaid from the GST Invoice. But what about that amount which is disputed where the defendant has not taken any tax invoice or input tax credit or he has not booked it yet and is absconding from same.
Sir, its advisable to have GST invoices, but I understand that at times GST invoices are not available and you don’t want more money to get stuck and so in such a case you can raise ‘performa invoices’ and later when you revive the payment you can pay GST on the same.
Sir, You have stated ( at 5:10 ) that you can input only that invoice or date of invoice which is post your udyam registration. My udyam registration is of 2021 however my disputed / delayed payment invoice is of 2019. Tried my luck on samadhaan portal and to my luck it took the prior date (i.e., 2019) than udyam registration (2021). Shall i proceed further or it will be futile.
Sir, don’t worry, you raise a new performa invoice for the interest amount till date and issue it on the current date and use the same to file your case under MSME Samadhaan. Also sir, I would advice that you file your case soon since 2019 is 5 years prior date and limitation is for 3 years. Still try your luck by Adopting the measures that I explained above, there are still chances that your payment gets recovered.
Haan ji, aap bilkul MSME Samadhaan ke through Apna case Daal sakte ho, government organisations/PSUs respond to these cases in a very effective manner, MSME Samadhaan portal pe PSUs/Govt organisations ke liye alag se option hai.
Yes ma’am, this law is applicable on all legal entities be it a proprietorship, partnership, LLP or a Pvt ltd or limited company. While filing case against the company you should mention the name of the company against which the invoices were raised. The names of individual directors are not to be mentioned at this stage.
Hello sir good information by you Mere invoices may 2023 se pending hai agar ab mai udhyam registered karta hu to kya wo sab invoice mai uploade kar sakta hu
Sir, wese toh aapke invoice Regisreration ke pehle ke hone chahiye, phir bhi aap interest ka Performa Invoice bana sakte hai and phir ussey use karke case daal skate hai. Technically aapka woh invoice Regisreration date ke baad ka hoga toh aapka case admit ho jayega aur maintainability point of view se bhi theek hoga.
Hi sir, If i have mentioned the credit period for the purchase of goods above 45 days, during the time of sale.... Will that bar me from filing a case through msme samadhaan ??
No sir, filing of the case is absolutely free. However, there are some facilitation councils in which the fee has to be deposited at the conciliation stage to proceed with the matter.
Sir, while putting the date as 04/02/2023 in The Date of Invoice in dispute column it's shown as "In case enterprise filing application for UAM unit. the date of invoice in dispute should be earlier than 01/07/2022" Why. and now what to do. My DATE OF UDYAM REGISTRATION is: 20/08/2020.
Sir, i have Udhyam registration and got loan from PMEGP for MSME., met one seller on india mart, placed order on Whatsapp, made Advance payment online but later supplier is not responding properly, making false commitments on whatsapp, showing invoice billed in my firms Name but in actual, no activity. Now not attending my calls or whatsapp msg
Sir, please reply that whether its applicable for manufacturing units only or small traders/suppliers also? I am a supplier/trader Should i have to make payment within 45 days to my creditors who are registered in MSME? If yes, then how I will arrange all that Payments , bcoz we have to give a long credit to our customers like 60 to 90/100 days ....my cycle will be definitely effected heavily... And another point, if i want to regd as MSME, my CA says, I can't be regd bcoz i am not a manufacturer. Is it true that other than mfg no one can be registered under MSME ? And if this rule is correct then how few dealer/traders in our mkt are regd in MSME which are not manufacturer? Another point, if i will register under MSME ( if possible), then my customer will avoid to give me order , as they will be forced to make us payment as this rule in 45 days. And they will give order other suppliers for this. This will lead to loss of my business...Right ? I request you to please clarify my all this queries.
Yes, the owner in whose name the Udhyam is registered as “entrepreneur” can sign, or any other authorised representative of the company can sign. Or in case of proprietorship the proprietor can sign the same.
Yes. You can still file your case even if the GST was not deposited for those invoices. However it is important that you share or communicate the invoices with the Buyer.
Sir/Madam, Medium Enterprises which were Micro/Small during the transaction or 3 years prior to the same are included and can file their cases under msme samadhaan.
The application will be physically filed to the MSEFC where the MSME Registeration has been done/Udyam Certificate Issuing state. Generally it’s from the corporate office where all the accounts are managed and the Registerations are made.
Hello sir I just want to know one thing, can we file case against some one who has take advance payment for raw material but not sending the material. Have proforma invoice & bank transaction details.
Sir, if any payments were made during the last 3 years or if there was any acknowledgment of debt then you can file your case under MSME Samadhaan. else the limitation would have expired by now.
Hi I have done a event (annual day dance choreography) at a school around 7-8 months ago but they are delaying my remaining 40% of payment, I do not have any documents with respect to this. What can I do? Please provide information on this Thank you in advance
We had case file against customer and we had got hearing date also, just want ask that is it compulsory to go owner or anyone else can go for hearing.....?
@@priyapawar859 anyone who’s been appointed by the Petitioner/Seller can attend the hearing, in case the owner is not available then he can send an authorisation letter or power of attorney in favor of the person who will be stranding.
Also both the company directors have used our services and have bought and registered property in their individual names so should the invoice be raised on individual name or the pvt ltd company ?
Is the services are used in personal capacity then the Invoices are also to be raised in Personal Names if it’s in official capacity then you can raise the invoice in the name of the Company.
Sir, Trading actives aften also involve Services Like transportation, warehousing etc, similarly at times the goods that are being traded are result of outsourced manufacturing, So my suggestion would be that you Edit/update your Udyam and add These activities(services and manufacturing) thereafter you will be able to file your case
In case the Purchase Order is not available, then you need to mention the Invoice Number instead of the PO number and you can upload the Affidavit which I have mentioned in the video.
Sirji mere pass PO nahi he kyonki order whatsapp pe aaya tha. GST ka pakka bill aur goods delivery chalan he . to kya usse kaam ho sakta he?? plzz guide me
Hi Sir, should the first line read "BEFORE THE CHAIRMAN, MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL OF KONKAN THANE" ? since my factory is in Bhiwandi and the respondent's business is registered in Mumbai
If a client has made a partial payment for an invoice and remaining amount is still outstanding along with other bills in that case what is the recommended course of action? Should that invoice still be uploaded?
Sir, mene party ko billing 3 alag- alag firm se ki hai. Ye party major thi jo 90% business deti thi. 3 firm payment na dene ki vajah se dormant hai. Because govt. Compliance complete nahi hue. To kya mai bhi, case file kar sakta hu. Or agar kar sakta hu to. Consolidated data upload hoga ki, 3 ka alag alag data upload karna hai mujhe. Thank you
@@Vimal-cw7pt sir, aapko har firm ke against alag case daalna hoga. Company ke dormant hone se utna farak nahin parta, early settlement ke chances kamm ho jaate hai Lekin case aapko phir bhi Daal dena chahiye. Company agar NCLT main hai aur CIRP proceedings initiated hai toh situation diff hai, tab case daalne ka bhi faida nahin hoga.
