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Microlesson · 5-min read

Certain deductions allowable only on actual payment basis – Section 43B (including MSMED 43B(h))

## Specific Deductions Allowable Only on Payment Basis — Section 43B

Applies to an assessee following the accrual (mercantile) basis of accounting.

### Part A — Deductions linked to the due date under Section 139(1)

The following expenses incurred in the current previous year are deductible only if actually paid on or before the due date for filing the return under Section 139(1):

1. Any taxes, cess, duty, interest on taxes etc. (Except income tax and penalties.)

2. Employer's contribution to welfare funds — provident fund, superannuation fund, gratuity fund, or any other welfare fund.

3. Bonus or commission to employees for services rendered.

4. Interest on loans/borrowings from Banks, NBFCs, PFIs, SFCs, SIICs. (Excluding primary agricultural/rural development banks.)

5. Leave encashment paid by the employer.

6. Payments to Indian Railways for use of railway assets.

If paid after the Section 139(1) due date, the deduction is allowed in the previous year of actual payment.

### Part B — Deductions linked to credit period under the MSMED Act — Section 43B(h)

Any expenditure payable to a Micro or Small enterprise beyond the time limit under Section 15 of the MSMED Act, 2006 is disallowed if not paid within the credit period.

CircumstanceCredit Period
No written agreement15 days
Written agreement45 days

If paid subsequently after the credit period, the deduction is allowed in the actual year of payment.

> Important: Section 43B(h) covers Micro and Small enterprises only — Medium enterprises are NOT covered.

### Key Clarifications

1. Conversion of interest into loan/debenture is NOT treated as payment — no deduction for such conversion. Only actual payment counts.

2. Welfare fund contributions — employer vs employee:

Employer ContributionEmployee Contribution
Section 43B appliesSection 43B does NOT apply
Disallowed if not paid by Section 139(1) due dateTreated as income u/s 2(24)(x) if not deposited by the due date under the respective welfare law
Subsequent-year deduction allowed if actually paidNo such benefit — permanent disallowance in effect

3. Definition of Micro/Small enterprise (Finance Act 2025):

TypeInvestment in P&MTurnover
Micro≤ ₹2.5 crore≤ ₹10 crore
Small≤ ₹25 crore≤ ₹100 crore

Worked example

### Example 1

Example — GST paid late. GST payable of ₹1,00,000 for FY 2024-25 is paid after the Section 139(1) due date, in FY 2025-26. Deduction is denied in FY 2024-25 and allowed in FY 2025-26 (year of actual payment).

### Example 2

Example — Section 43B(h) MSME. A purchase of ₹3,00,000 from a Small enterprise with a written agreement (45-day credit) is unpaid even after 45 days at year-end. The ₹3,00,000 is disallowed in the current year and allowed only when actually paid.

### Example 3

Example — employee PF. Employees' PF of ₹40,000 is deducted but deposited after the due date under the PF Act. It is treated as income u/s 2(24)(x) and is permanently disallowed (Section 43B does not rescue it).

### Example 4

Example — interest converted to loan. Bank interest of ₹2,00,000 is converted into a fresh term loan. This is not 'payment'; no deduction until actually paid.

⚠️ Common exam mistakes

  • Applying Section 43B(h) to Medium enterprises — it covers only Micro and Small.
  • Treating employees' contribution under Section 43B (it is governed by Section 2(24)(x) / 36(1)(va) and the due date is under the respective welfare law).
  • Treating conversion of outstanding interest into a loan/debenture as payment.
  • Using 45 days where there is no written agreement (correct limit is 15 days).
  • Allowing the deduction in the year of accrual when actually paid late — it shifts to the year of payment.
Reference: Section 43B [incl. 43B(h)]; Section 2(24)(x) — Income-tax Act, 1961; MSMED Act, 2006 (Section 15)
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