A new clause (h) has been added to Section 43B of the Income Tax Act, 1961, effective from Assessment Year 2024-25. This amendment requires businesses to pay micro and small enterprises within 45 days (or 15 days if no agreement exists) to claim tax deductions. Failure to comply means the expense won't be deductible in the year incurred and may lead to additional tax liabilities.
Background
As per the Income-tax Act the deduction of expenditure is allowed according to the system of accounting principles followed by the assessee. In case the assessee follows a cash system of accounting, the deduction should be allowed on an actual payment basis. In the case of a mercantile
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FAQ :
Clause (h) of Section 43B states that any sum payable by a business to a micro or small enterprise beyond the time limits specified in Section 15 of the Micro, Small and Medium Enterprises Development Act, 2006, will not be allowed as a deduction in the year the liability was incurred.
Under the MSMED Act, payments to micro and small enterprises must be made within 15 days if there is no written agreement, or within a maximum of 45 days if there is a written agreement.
This amendment comes into effect from the Assessment Year 2024-25.
If payment is not made within the specified time, the expense will not be deductible in the year the liability was incurred. The outstanding amount will be added to the taxpayer's taxable income, and the business may also be liable for compensatory interest.
Yes, this section is not applicable if the supplier is not registered under the MSMED Act, is registered as a 'Medium Enterprise', is registered as a 'Trader', or if the assessee files income tax returns under presumptive taxation schemes like 44AD, 44ADA, or 44AE.