Chinnmay
MSME Certificate - Required.
Chinnmay Shah 10 May 2021

*MSME certificate is required to take benefit of MSME under Section 240A of IBC, the Resolution Professional & AA are not expected to go into accounts and investigate if and in which category an application falls under Section 7 of MSME Act*

The Learned Counsel for the Appellant accepts that the Appellant does not have memorandum or certificate from the Government authorities showing that the Companies of the Appellant are MSME.

It is argued that such certificate or memorandum is not necessary and going by the definitions in the Act and balance sheet, this Tribunal must find if it is Micro, Small or Medium Industry.

NCLAT referred Amit Gupta Vs. Yogesh Gupta (2019) ibclaw.in 465 NCLAT where it as held that in the Summary Procedure under IBC, the Resolution Professional and Adjudicating Authority are not expected to go into accounts and investigate if and in which category an application falls under Section 7 examining Notifications under Explanation 2 or Sub-Section 9 of Section 7 of MSME Act.

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