Form 3CD and disallowed interest under MSME Act

Tax queries 14303 views 3 replies

 

Point 17A of new Form 3CD of Tax Audit requires to disclose the amount of interest disallowed under section 23 of MSME Act.
 
Now my query is :
Whether the interest amount to be disallowed is actual interest paid or payable to MSM enterprises or ,if there is no formal agreement , on notional basis if paid after 45 days as required under the Act?
 
If it is on notional basis also, it means it’s a huge working for the tax auditor to find out the delay and calculate the interest?
Also where to find the interest rate?
Replies (3)

The Micro , Small and Medium Enterprises Development Act, 2006 has  given some protection to the Micro , Small and Medium Enterprises as defined in that Act. One of protection given to these Industries is that the Buyers of these Enterprises have to make the payment to them within stipulated time as per the agreement and if the payment is delayed then the Buyers have to pay interest at prescribed rate.  These provisions are given in section 15 to Section 23 of the MSMED Act, Thsese provisions have overriding effect over all the other laws in force and one of the provision which is contained in Section 23 of  MSMED Act 2006 the interest paid or payable as per the provisions of  MSMED Act 2006 will not be avilable as deduction while calculating the income tax payable by the assessee.

If any body has paid or make a provision of payment of interest to any enterprises as mentioned above have to be reported against the new requirement of the Form 3CD.

This is what my query is.

In this interest actual or notional, if there is no formal agreement?

Do we need to calculate interest notionally?

As per my opinion Interest is calculated @ specified in MSME act actualy (not notionally). Invoice of party is to be considered as an agreement only...


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