Action to be taken before 31.03.2025_Part 1: Payment to MSMEs for compliance of Section 43B(h) of Income Tax Act, 1961
As the year draws to a close, Section 43B(h) of Income Tax Act emerges as a crucial provision that every business must address to prevent Disallowances of purchases made from MSME.
As per Section 43B(h) of Income Tax Act, Any sum payable by the Assessee to a Micro or small enterprises (Not Medium Enterprises) beyond the time limit specified under Section 15 of MSME Act shall be allowed as deduction in the previous in which sum is actually paid.
Due date for payment under MSME Act shall be:
a. If time limit is specified in the Agreement: on or before the due date agreed between the supplier and the buyer but not exceeding 45 days from the “date of Acceptance”;
b. If no time limit is specified in the Agreement: Within 15 days from the “date of Acceptance”
*Day of acceptance’ is the day of actual delivery of goods or the rendering of services.
Therefore, If both of the following conditions are fulfilled, the expense shall be disallowed under Section 43B(h) during FY 2024-25:
a. Invoice is outstanding for payment as on 31.03.2025;
b. Payment is made beyond the due date specified under MSME Act.