Section 43B (H) Of the Income Tax Act: Timely payments to MSMEs

The Finance Act, 2023 brought a significant change with the insertion of clause (h) (refer annexure) in section 43B of the Income Tax Act, 1961, (Act) which is with effect from Assessment year (AY) 2024-25 i.e., financial year (FY) 2023-24 and onwards.

The intention of the government is to promote MSMEs thereby with introduction of section 43B (h) in the Act signifies a positive step towards ensuring timely payments to MSMEs. By disallowing deductions for expenses unless payment is made within the specified time limit, it incentivizes larger organizations and taxpayers to fulfil payment obligations promptly.

While this provision will require taxpayers to be more diligent in their financial planning and cash management, it will benefit the overall growth and sustainability of MSMEs. Timely payments can improve the working capital cycle for MSMEs, enabling further investment and growth.

The revised Section 43B introduces clause (h), emphasizing that any sum payable by an assessed to a micro or small enterprise beyond the time limit specified in Section 15 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) shall not be allowed as a deduction in the year in which the payment is due.  Instead, such deductions will be permitted in the year in which the payment is made.

At this juncture, it would be pertinent to note that where an enterprise satisfies the below conditions, they can register themselves as MSMEs:

Section 15 of MSMED Act states that as agreed between the buyer and supplier the payment must be paid within forty-five days from the acceptance date or from the day of the deemed acceptance. However, where there is no agreement, the payment must be made within 15 days from the day of acceptance or the day of deemed acceptance of the goods or services.

It would be pertinent to note that if the buyer makes payment to the supplier after 15/45 days, but before the end of the financial year, in such a situation, a deduction can be claimed in a same financial year as payment is made in the same year.

Since the benefit of the deduction is only available to the registered MSMEs, the buyers must ensure that the vendor is a registered MSME. The same can be confirmed by obtaining a certificate from their vendors.

In case of Capital expenditure or in case where expense has not been claimed as expenditure then disallowance under section 43B of the Act shall not be attracted.

The above provisions are not applicable if an assessed is offering tax under presumptive taxation or professions making payments to a business as no specific expense is disallowed and income is deemed at a certain percentage.