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Income Tax

Section 43B MSME Payment Disallowance Under New Act: Notice Triggers, Response Strategy & Penalties

Section 43B MSME Payment Disallowance Under New Act
By CA Nikhil Gupta Updated June 2026 Effective AY 2024-25

Reviewed by CA Nikhil Gupta · Last reviewed 23 June 2026

Official sources cited: Income Tax Act Section 43B(h) | MSMED Act 2006 Section 15 | ICAI

Section 43B(h) of the Income Tax Act, 1961 — effective from 1 April 2024 (AY 2024-25 onwards) — introduced one of the most consequential compliance requirements for any business that buys goods or services from MSME vendors. If you don't pay a Micro or Small Enterprise within 15 days (no written contract) or 45 days (with written contract), that expense becomes non-deductible until paid. For FY 2025-26 returns filed in 2026, this is now a live tax audit trigger. Under the Income Tax Act, 2025, this provision continues as Section 37(2)(g). This guide covers exactly how the disallowance works, what triggers notices, how to respond, and how to build a compliance system.

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The Core Rule — Section 43B(h) in Plain English

Section 43B(h) adds a specific deductibility condition for amounts payable to Micro and Small Enterprises:

  • Without written agreement: Payment must be made within 15 days of delivery of goods or completion of service
  • With written agreement: Payment must be made within the period specified in the agreement, but not exceeding 45 days from delivery/completion. Even if the agreement says 60 days, 45 days is the maximum enforceable limit
  • If unpaid at 31 March: The outstanding amount is disallowed as a deduction in that financial year and becomes deductible only in the year of actual payment
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Maximum Contract Period Cannot Exceed 45 Days: A written agreement saying "60-day credit period" does NOT protect you. The MSMED Act, 2006 Section 15 caps the maximum credit period at 45 days (with written agreement). Any credit period exceeding 45 days in the agreement is void, and the 45-day limit applies automatically. Many large companies had 60–90 day standard vendor payment cycles — all of these need restructuring for MSME vendors.
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Which Vendors Are Covered — Micro and Small Only

Enterprise TypeInvestment in Plant & MachineryAnnual TurnoverSection 43B(h) Applies?
Micro EnterpriseUp to ₹1 croreUp to ₹5 crore✅ Yes — must pay within 15/45 days
Small EnterpriseUp to ₹10 croreUp to ₹50 crore✅ Yes — must pay within 15/45 days
Medium EnterpriseUp to ₹50 croreUp to ₹250 crore❌ No — not covered under Section 43B(h)
Non-MSME VendorNot registered under UdyamAny❌ No — Section 43B(h) not applicable

Verify MSME status of all vendors at udyamregistration.gov.in using the vendor's Udyam Registration Number. Status can change if a vendor upgrades from Small to Medium due to growth — re-verify annually.

Mechanics of Disallowance — The March 31 Test

The disallowance is determined at year-end (31 March). The question is: as of 31 March, which MSME vendor invoices remain unpaid beyond the 15/45-day limit?

The "Safe Window" for Year-End Invoices

Invoices received from MSMEs in the last 45 days before 31 March (i.e., from February 16 onwards if there is a written 45-day agreement) can be paid in April without triggering disallowance, because they were not yet due on 31 March. This creates an important planning window:

Invoice DateCredit Period (written 45-day agreement)Payment DueUnpaid on 31 Mar?Disallowance?
1 Jan 202645 days15 Feb 2026Yes (if unpaid)✅ Disallowed in FY 2025-26
1 Feb 202645 days18 Mar 2026Yes (if unpaid)✅ Disallowed in FY 2025-26
20 Feb 202645 days6 Apr 2026No (not yet due)❌ No disallowance — pay by 6 Apr
1 Mar 202645 days15 Apr 2026No (not yet due)❌ No disallowance — pay by 15 Apr
1 Mar 2026No written agreement (15 days)16 Mar 2026Yes (if unpaid on 31 Mar)✅ Disallowed — must pay by 16 Mar
💡
Write a Written Agreement with All MSME Vendors: If you don't have a written agreement, the 15-day limit applies — brutal for goods suppliers. Get a written purchase order or vendor agreement specifying a 45-day credit period. Even a simple written PO or supply agreement mentioning "payment within 45 days of delivery" qualifies. This gives you 3x more time than the default 15-day rule.

Notice Triggers — How This Reaches the Income Tax Department

Section 43B(h) violations don't stay hidden. There are three parallel compliance tracks that feed data to tax authorities:

1. Form 3CD Tax Audit Report (Old Act) / Form 26 (New Act)

The statutory tax auditor must report in the Tax Audit Report: all amounts payable to MSMEs, amounts outstanding beyond 15/45 days at year-end, and the disallowed amount. This data is submitted electronically and is visible to the Income Tax Department's AI-driven scrutiny systems.

2. Form MSME-1 (Companies Act)

All companies (not LLPs or firms) must file Form MSME-1 bi-annually with the MCA disclosing outstanding payments to MSME vendors beyond 45 days. Form MSME-1 for April–September is due by 31 October, and October–March by 30 April. MCA feeds this data to the Income Tax Department — creating a cross-verification mechanism.

3. GSTIN-Linked Transaction Data

The income tax AIS (Annual Information Statement / Form 168 under new Act) now captures GST transaction data. If MSME vendors report GST invoices to you in GSTR-1 and you haven't reflected corresponding payments — flagging is automatic.

Case Study: BuildFast Contractors — ₹45 Lakh Disallowance Found in Tax Audit

Construction Company, Ahmedabad — FY 2025-26 Tax Audit (October 2026)

BuildFast Contractors Pvt. Ltd. procures materials from 8 MSME vendors (Udyam-registered Micro and Small enterprises). During the tax audit for AY 2026-27, the auditor examined the MSME payable aging report as of 31 March 2026.

  • Finding: 4 vendors with outstanding invoices totalling ₹45 lakhs — all beyond the 45-day credit period
  • 3 vendors had written agreements (45-day terms) — invoices from October and November 2025 still unpaid in March 2026
  • 1 vendor had no written agreement — invoices from February 2026 (14 days old) — within 15-day limit but barely
  • Disallowance computed: ₹45 lakhs added back to taxable income in AY 2026-27
  • Additional tax (25% corp): ₹11.25 lakhs
  • Root cause: BuildFast's accounts payable had standard 60-day terms with all vendors. Nobody flagged MSME status or payment timelines.
  • Fix for next year: MSME flag on vendor master, automated alerts at 30 days for MSME invoices, written agreements with all MSME suppliers specifying 45 days
Disallowed Amount
₹45,00,000
Additional Tax (25%)
₹11,25,000
Vendors Affected
3 of 8
Root Cause
No MSME flag in ERP

Section 43B(h) Under New Income Tax Act 2025 — Section 37(2)(g)

Under the Income Tax Act, 2025 (effective Tax Year 2026-27), Section 43B(h) is renumbered as Section 37(2)(g). The substance and mechanics are identical:

  • 15-day rule (no written agreement) continues
  • 45-day maximum cap (with written agreement) continues
  • Disallowance at year-end: unpaid MSME amounts at 31 March added back to taxable income
  • Allowed as deduction in year of actual payment
  • Reporting in new Form 26 (replaces Form 3CD) — auditor must disclose MSME payable position

For FY 2025-26 (AY 2026-27) ITR, cite old Section 43B(h). For Tax Year 2026-27 onwards, cite Section 37(2)(g) in books and audit reports.

GST and Section 43B(h) — The Base Amount Question

A common compliance question: does the 45-day payment rule apply to the invoice total including GST, or only the base amount?

  • If GST claimed as ITC: Only the base amount (excluding GST) is subject to Section 43B(h). GST you claim as Input Tax Credit is a receivable, not an expense. Only the base purchase price is the deductible expense subject to 43B(h).
  • If GST not claimed as ITC (expensed): The entire amount including GST is subject to Section 43B(h) conditions.

Response Strategy When You Receive a Notice

If you receive a scrutiny notice or tax audit query on Section 43B(h) disallowance:

  1. Verify vendor MSME status: Extract Udyam registration certificates for all vendors cited in the notice. If any vendor is actually Medium (not Micro/Small), they are outside the scope of Section 43B(h) — disallowance is not applicable for Medium enterprises.
  2. Check payment dates vs due dates: Pull bank statements and payment registers. If payment was made before the due date but booked on a different date in ERP, reconcile and provide bank evidence.
  3. Verify if invoices were disputed: MSMED Act Section 17/18 provides that if there is a genuine dispute about the quality, quantity, or terms, the 45-day clock may be stayed pending dispute resolution. Document any genuine disputes.
  4. Compute actual disallowance: Only amounts outstanding and unpaid as of 31 March are disallowed — not amounts that were late-paid but paid before year-end. Provide aging report as evidence.
  5. Accept and file rectification if correct: If the disallowance is correctly computed, accept it, ensure the deduction is captured in the next year when payment is made, and avoid interest and penalty exposure from prolonged dispute.

Section 43B(h) MSME — Key Compliance Points

  • Applies to Micro and Small Enterprises only — not Medium Enterprises
  • 15 days payment limit if no written agreement; 45 days maximum with written agreement
  • Agreement clauses of 60–90 days are void — 45 days is the hard cap
  • Outstanding unpaid MSME invoices at 31 March → disallowed in that year → allowed when paid
  • Effective from AY 2024-25 (1 April 2024) — already live for FY 2024-25 and FY 2025-26
  • New Act 2025: Section 37(2)(g) — same rule, new section number from Tax Year 2026-27
  • Three parallel compliance tracks: Form 3CD/Form 26 (tax audit), Form MSME-1 (companies, MCA), and AIS
  • Immediate action: tag all MSME vendors in ERP, set 30-day payment alerts, get written agreements
  • GST on MSME invoices: if ITC claimed, only base amount subject to 43B(h)
  • Verify vendor MSME status annually at udyamregistration.gov.in

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Frequently Asked Questions

Section 43B(h) (effective 1 April 2024) mandates that amounts payable to Micro or Small Enterprises (Udyam-registered) must be paid within 15 days (no written contract) or 45 days (with written contract). If unpaid at 31 March year-end beyond these limits, the outstanding amount is disallowed as a business expense and becomes deductible only in the year of actual payment. Under the Income Tax Act 2025, this continues as Section 37(2)(g) effective Tax Year 2026-27.
No. Section 43B(h) applies only to Micro Enterprises (investment up to ₹1 crore, turnover up to ₹5 crore) and Small Enterprises (investment up to ₹10 crore, turnover up to ₹50 crore) registered under Udyam. Medium Enterprises are explicitly excluded. Verify vendor's Udyam registration status at udyamregistration.gov.in before applying the payment rule.
The Tax Audit Report (Form 3CD / new Act Form 26) requires the auditor to report amounts outstanding to MSMEs beyond the prescribed period. Companies must also file Form MSME-1 bi-annually with MCA. Both data streams reach the Income Tax Department. Any mismatch between Form MSME-1 disclosures and ITR deductions, or material disallowances in Form 3CD, triggers scrutiny assessment notices. GST invoice data cross-verification through AIS also flags unpaid MSME invoices.
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Updated 4 October 2026

October 2026 update: Section 43B MSME Payment Disallowance Under the New Income-tax Act: Year-End Checklist

Finin2min 2-Minute Summary

The number changed, the year-end risk did not

From Tax Year 2026-27, the familiar 43B(h) label becomes a cross-reference rather than the current citation. The official MSME booklet maps it to section 37(2)(g). The provision continues to defer deduction for overdue amounts payable to micro or small enterprises until actual payment. It is designed to reinforce the payment discipline in section 15 of the MSMED Act.

The most important difference from other section 37 actual-payment items is the return-due-date carve-out. Section 37(3) provides the familiar relief for many liabilities paid after year-end but before the return due date, but excludes the MSME sum in clause (g). That is why paying an overdue micro/small vendor in September does not automatically preserve the deduction in the March year.

Vendor classification is the first tax control

A supplier should not be tagged from its trade name or historical declaration. Obtain current Udyam/enterprise information, identify whether the supplier is micro, small or medium, and determine whether the supply is covered. The tax file should retain the declaration used for the year because enterprise classification can change.

The MSMED clock also needs the acceptance date, any objection period and written credit terms. A written agreement cannot simply override the statutory maximum payment period. ERP ageing designed for commercial credit may therefore differ from the tax-disallowance schedule.

Worked example: March invoice paid in May

A small-enterprise supplier delivers accepted goods in March 2027 with agreed credit terms that fall within the MSMED Act maximum. The company pays after the permitted period in May. The expense may be recognised in the March accounts, but section 37(2)(g) can defer the income-tax deduction to the tax year of actual payment because the statutory MSME payment period was missed. Paying before the income-tax return due date does not restore the earlier-year deduction through section 37(3).

MSME year-end checklist

Questions readers commonly ask

What is the new-Act reference for old section 43B(h)?

The Income Tax Department's MSME guide maps it to section 37(2)(g) of the Income-tax Act, 2025.

Does the rule cover medium enterprises?

The specific clause refers to amounts payable to micro or small enterprises; classify the supplier correctly.

Can payment before the ITR due date save the deduction?

Not through the normal actual-payment grace rule. Section 37(3) excludes the clause (g) MSME amount.

Is the invoice date always the start of the MSMED clock?

No. Acceptance/deemed acceptance and the terms permitted under section 15 of the MSMED Act matter.

Official / primary sources

Source and review trail

Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.

Primary category
Income Tax
Official starting point
www.incometax.gov.in

Page source links

The prior page did not embed a page-specific external source. The category authority above is the minimum verification starting point; a specific instrument should be added when available.

Primary sources & related provisions

Statutory provisions referenced in this guide: