Taxability Of Interest Received By A MSME Company On Account Of Delayed Payments By Buyer

Tax queries 216 views 2 replies
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CHARTERED ACCOUNTANTS
54 Points Joined March 2007

A pvt ltd company was awarded substantion amount of interest by MSME council and accordingly the buyer has paid interest after deducting TDS @ 10%.  Client Company argues that this amount of interest received is not taxable.  Pl englighten whether such interest received on account of delayed payments forms part of  taxable income or not.

 

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On 19 March 2025 at 16:07 Report
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Master in Accounts & high court Advocate
9004 Points Joined December 2011

The taxability of interest received on delayed payments, as awarded by the MSME Council, is a matter of interpretation. Taxability of Interest: As per Section 56(2)

(ix) of the Income-tax Act, 1961, interest received on compensation or delayed payments is taxable under the head "Income from Other Sources"

 [1]. However: - *MSME Act, 2006*: The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, provides for the payment of interest on delayed payments to MSMEs

 [2]. - *Tax Exemption*: Some argue that interest received under the MSME Act is exempt from tax, as it is a compensation for delayed payments rather than income from business operations. Judicial Precedents: There are conflicting judicial precedents on this issue: - *CIT vs. Bilahari Industries (P.) Ltd. (2013)*: The Calcutta High Court held that interest received under the MSME Act is taxable

[3]. - *CIT vs. M/s. Jagdishprasad M. Joshi (2018)*: The Gujarat High Court ruled that interest received under the MSME Act is not taxable, as it is a compensation for delayed payments 

[4]. Conclusion: Given the conflicting judicial precedents and the ambiguity in tax laws, it is recommended that your client:

 1. *Obtains a tax consultation*: From a qualified tax professional or chartered accountant to understand the specific implications of their case.

2. *Files tax returns*: Declaring the interest received and claiming exemption, if applicable, to avoid any potential penalties.

3. *Prepares for potential litigation*: In case the tax authorities dispute the exemption claim. Keep in mind that tax laws and regulations are subject to change, and this information is based on the current understanding of the laws.

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On 19 March 2025 at 16:33
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CHARTERED ACCOUNTANTS
54 Points Joined March 2007

Mr Ramachari garu.  The case laws quoted by you have no relevance to the subject matter i mentioned.  Can u please share more details of the cases quoted by you. 

Regards

KL Narasimham

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On 19 March 2025 at 21:50


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