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section 43B

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Section 43B of Income Tax Act: Implications for Service Tax/GST: Litigation & Tax Audit

CA, CS, CMA : Explore Section 43B of the Income Tax Act 1961, focusing on GST and Service Tax implications, including disallowance, audits, and ...

August 2, 2024 1281 Views 1 comment Print

Reporting Requirement of Clause 22 [Amount Covered under section 43B(h)] of Form 3CD

Income Tax : Learn about the amendment to Clause 22 of Form 3CD under Section 43B(h) and its impact on reporting requirements for payments to M...

August 1, 2024 5379 Views 1 comment Print

Frequent Asked Question on Section 43B(h): New Provisions for MSMEs

Corporate Law : Explore FAQs on Section 43B(h) and new provisions for MSMEs. Understand key amendments, payment deadlines, and tax implications un...

July 27, 2024 10299 Views 6 comments Print

Understanding the Amendment to Section 43B of Income Tax Act for MSMEs

Finance : Explore the recent amendment to Section 43B of the Income Tax Act aimed at bolstering the financial well-being of MSMEs through ti...

June 12, 2024 1269 Views 2 comments Print

Section 43B(h): Allowability of Payments to MSMEs beyond statutory timeline

Income Tax : Learn about Section 43B(h) of the Income-tax Act, 1961, allowing deductions for MSME payments only on actual payment basis. Unders...

May 28, 2024 2697 Views 1 comment Print


Latest News


Concerns on Corporate Tax, MSME Deductions, GST Rates

CA, CS, CMA : Explore recent updates on corporate tax rates, MSME concerns over tax deductions, and GST rates for shawls as addressed in Lok Sab...

August 5, 2024 306 Views 0 comment Print

Urgent Request for Amendment to Section 43(B)(h) for MSMEs

Income Tax : Punjab Accountants Association urges Finance Minister to amend Section 43(B)(h) for MSMEs, proposing better payment timelines and ...

July 27, 2024 10815 Views 0 comment Print

Representation against Proposed Amendment In Section 43B of Income Tax

Income Tax : Discover how proposed amendment in Section 43B of Income Tax Act, 1961, affects MSMEs. Learn about potential challenges and sugges...

June 11, 2024 5073 Views 0 comment Print

Live Course on Section 43B(h) by CA Manoj Lamba – Last Few Hours to register

Income Tax : Live Webinar with Book on Section 43B(h) (Financial Fitness) on 10th May 2024, 6:00 pm to 8:00 pm. CA Manoj Lamba will break down ...

May 10, 2024 10233 Views 1 comment Print

Message to Micro and Small Enterprise/Suppliers (Manufacturing) – Section 43B(h)

Income Tax : Explore how the new 43 B (h) clause of the IT Act impacts Kerala Textiles and Garments Dealers Welfare Association and their appea...

February 12, 2024 810 Views 0 comment Print


Latest Judiciary


Contribution to National Pension System before filing of return allowable: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that contribution under National Pension System (NPS) belatedly, however, before filing of return is allowable...

August 15, 2024 381 Views 0 comment Print

Addition merely based on retracted statement without any incriminating material unsustainable: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that addition merely on the basis of retracted statement without any incriminating material seized from assess...

August 12, 2024 276 Views 0 comment Print

TDS on unfinished work deductible post receipt of 100% revenue of project: ITAT Delhi

Income Tax : The assessee had filed return of income of Rs.92,06,590 which was selected for complete scrutiny and during the course of assessme...

August 12, 2024 252 Views 0 comment Print

Bonus Paid as CTC cannot be Disallowed Under Section 43B for Non-Payment at year end

Income Tax : Read the detailed analysis of Renault Nissan Automotive India Pvt Ltd vs DCIT case where ITAT Chennai grants relief on bonus disal...

July 20, 2024 663 Views 0 comment Print

Delayed deposit of employees’ contribution to PF/ESI not allowable

Income Tax : Learn about the ITAT Kolkata ruling where employer's PF contribution disallowance under Sec 36(1)(va) was upheld. Full text of the...

July 4, 2024 618 Views 0 comment Print


Latest Notifications


CBDT notifies Interest on Loan to NBFCs under Section 43B(da) of Income Tax Act

Income Tax : Central Board of Direct Taxes (CBDT) has recently issued a crucial notification concerning the payment of interest on loans to Non...

September 22, 2023 6000 Views 0 comment Print

MSMEs vs. Traders: Understanding Delayed Payment Benefits

Corporate Law : Explore how the recent policy update impacts MSMEs and traders regarding delayed payment benefits under the MSMED Act, 2006. Insig...

September 1, 2021 2307 Views 0 comment Print

Chapter VIA deduction on enhanced profits after disallowance eligible

Income Tax : Disallowances made under sections 32, 40(a)(ia), 40A(3), 43B, etc. of the Act and other specific disallowances, related to the bus...

November 2, 2016 6541 Views 0 comment Print

Section 43B: CBDT clarifies Due date for payment of Employee Provident fund

Income Tax : Income Tax Circular No. 22/2015 W.c.f. 1.4.1988, the settled position is that if the assessee deposits any sum payable by it by wa...

December 17, 2015 59761 Views 0 comment Print

The liability to pay sales tax by instalments cannot be treated to be beyond the provisions of section 43B of the Act

Income Tax : Whether the liability has been deferred or not has to be considered not from the simplistic point of the term 'defer' but in conte...

July 9, 2010 1931 Views 0 comment Print


PF Disallowance: Amendment in Sec 36(1)(Va) & 43B Applicable From AY 2020-21

May 10, 2022 7653 Views 0 comment Print

ITAT Chandigarh allows delay in PF payment. Assessee’s Rs. 4,62,844 paid before return filing. Amendments by Finance Act 2021 are prospective, not retrospective.

Amendments to Sections 43B and 36(1)(va) not Retrospective

May 8, 2022 5403 Views 0 comment Print

ITAT Delhi rules in favor of Anup Service Station, allowing deduction for delayed deposit of PF & ESI contributions. Legal analysis and implications of the decision.

Service Tax Collected but not paid to Government disallowable under section 43B

April 19, 2022 3876 Views 0 comment Print

If the assessee actually received service Tax from its customers and kept it without depositing the same within due date of filing of return of income u/s.139(1) of the Act, then only the AO has to invoke the provisions of Section 43B and bring that amount to tax.

ITAT deletes disallowance of employees contribution towards PF & ESI paid belatedly

April 14, 2022 4284 Views 0 comment Print

The assessee filed its return of income on 15.10.2019 which was processed u/s 143(1) of the Act whereby an adjustment was made on account of disallowance of claim of deduction with respect to employees’ contribution towards PF and ESIC deposited belatedly.

PF/ESI payment after respective statue due date but before ITR filing allowable

March 28, 2022 681 Views 0 comment Print

Superlite Jointings Private Ltd Vs Circle-2 (2) (ITAT Delhi) The sum and substances of the grievance in the captioned appeal pertains to the disallowance of PF and ESI payments on account of these payments being made beyond the due date specified under the specific parent legislation but before filing of the Income Tax Return. After […]

Deduction of employees’ contribution to PF/ESI made prior to due date of filing ITR

March 28, 2022 2064 Views 0 comment Print

Google India Private Limited Vs DCIT (ITAT Bangalore) ITAT held that assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act. It was further held by the ITAT that […]

Employees Contributions to ESI & PF made after due date allowable as Deduction

March 22, 2022 4329 Views 0 comment Print

Deloitte Haskins & Sells Vs Additional Director of Income Tax (ITAT Kolkata) ITAT, Kolkata has specifically propounded that if employees’ contribution received by an assessee and paid to ESI and PF accounts before the due date of filing of the return, then the assessee will be eligible to claim the deduction of such amounts. With […]

PF/ESI/EPF paid before ITR filing for AY 2018-19 was allowable: ITAT Agra

March 21, 2022 19917 Views 0 comment Print

Krishna Kanha Shelters Pvt. Ltd. Vs ACIT (ITAT Agra) ITAT held that AO was not justified in denying, the deduction claimed by the assessee for AY 2018-19 on account of late deposit of PF/ESI/EPF, albeit before filing the return of income. Admittedly in all the above-stated matters, the revenue had not contended that the assessee […]

Amendment to Sections 36(1)(va) & 43B vide Finance Act, 2021 are prospective

March 20, 2022 2091 Views 0 comment Print

ITAT held that, the said amendment to Section 39(1)(va) and Section 43B effected by Finance Act 2021 is having prospective effect. Since, the said amendment is having prospective effect and not being retrospective one the same cannot be applied to the present case.

Amended provisions of section 43B & 36(1)(va) not applicable for AY 2018-19

March 17, 2022 1644 Views 0 comment Print

ITAT held that amended provisions of section 43B as well as 36(1)(va) of the I.T. Act are not applicable for the assessment year 2018-19.

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