Finance Ministry Expected to Delay 45-Day Payment Rule for MSMEs Until April 2025

Sources reveal that the Finance Ministry is contemplating a deferment of the enforcement of Rule 43B (h) under the Income Tax Act, which necessitates payments to micro, small, and medium enterprises (MSMEs) within 45 days. This potential postponement, expected to extend for a full financial year, aims to address industry concerns and provide businesses with additional time to adapt to the new regulatory framework.

Background of Rule 43B (h)

Enacted as part of the Finance Act of 2023, Rule 43B (h) was introduced to ensure timely payments to MSMEs, crucial contributors to the Indian economy. The amendment set a strict 45-day limit for assesses to fulfill payments to MSMEs. Failure to adhere to this timeline would result in pending payments being treated as income and subjected to taxation.

Industry Concerns and Representations

In response to the implementation of Rule 43B (h), various sectors across the industry spectrum voiced apprehensions regarding the shorter payment cycle. Industry stakeholders argued that the mandated 45-day payment window challenges traditional business practices and has already led to order cancellations. Recognizing the significance of addressing these concerns, industry bodies submitted representations to the finance ministry, proposing potential tweaks to the act or a temporary postponement to facilitate smoother transition for businesses.

Ministry's Response and Consultations

In a proactive approach to address industry feedback, the Ministry of Micro, Small, and Medium Enterprises (MSME) initiated consultations with SME groups. These consultations aimed to gather insights and perspectives from SME representatives regarding the impact and implications of Rule 43B (h). SME groups were invited to share their feedback by February 19, indicating a concerted effort by the government to engage with stakeholders and ensure informed decision-making.

Conclusion

As discussions continue within the Finance Ministry regarding the potential deferment of Rule 43B (h), stakeholders await further developments and anticipate a decision that balances regulatory objectives with industry realities. The outcome of these deliberations will significantly influence the regulatory landscape for MSMEs and shape the trajectory of business operations in the coming financial year.