Disallowance under Section 43B(h) of Income Tax Act: Non-Payment to Suppliers within 15 or 45 days under MSMED Act
Generally expenses are allowed based on accounting method followed by the Assessee. If you follow Mercantile method of Accounting, you will be allowed expenses on accrual basis. If you follow Cash accounting, you will be allowed to claim expenses on actual payment basis. However, Income Tax Act has carved out an exception here in respect of certain expenses. Section 43B lists out certain expenses which are allowed only on actual payment basis. Finance Act 2023 inserted a new clause (h) in Section 43B which states that if any sum is payable by the assessee to a micro or small enterprise and if it is not paid within the time limit specified in Section 15 of the MSMED Act, 2006, the assessee cannot claim it as an expense until the said sum is actually paid. Such disallowed amount will be allowed to claim as expenditure in the year of actual payment. This provision is applicable w.e.f. FY 2023-24 (AY 2024-25) Let us first understand the criteria for Micro, Small & Medium Enterpris...