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section 43B

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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 1224 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 2619 Views 1 comment Print

Analysis of Section 43B(h) of Income-tax Act, 1961

Income Tax : In order to protect and promptly make payments to the MSEs, Clause (h) in Section 43B, inserted vide the Finance Act 2023, provide...

May 13, 2024 2502 Views 0 comment Print

New Rule Helps Small Businesses Get Paid On Time | Section 43B(h)

Income Tax : Learn about Section 43B(h) of the Income Tax Act, a new rule aiding small businesses by ensuring timely payments and tax deduction...

May 9, 2024 1197 Views 2 comments Print

How to Avoid Non-Compliance of Non Payment to Small and Micro Enterprises

Income Tax : Learn how to avoid non-compliance under MSME for non-payment to small and micro enterprises. Understand the implications and strat...

April 19, 2024 2505 Views 0 comment Print


Latest News


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 5010 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 10188 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 786 Views 0 comment Print

Representation on Disallowance under Section 43B(h) of Income Tax Act, 1961

Corporate Law : Read the Karnataka State Chartered Accountants Associations representation on the challenges and proposed solutions regarding disa...

January 30, 2024 5316 Views 0 comment Print

MSME Delayed Payments: Call for Rationalized Disallowance in Income Tax Act

Income Tax : All Gujarat Federation of Tax Consultants urges Finance Minister for reconsideration of Income Tax Act amendment affecting MSME pa...

January 3, 2024 19680 Views 0 comment Print


Latest Judiciary


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 561 Views 0 comment Print

Deduction cannot be Denied for mere Wrong Classification in ITR: ITAT Chennai

Income Tax : Chennai ITAT ruled that incorrect classification in ITR cannot deny genuine deductions. Learn about the National Contracting Compa...

July 3, 2024 627 Views 0 comment Print

Income from E-Stamping Ineligible for Section 80P(2) Deduction

Income Tax : Detailed analysis of Karnataka State Co-operative Agriculture and Rural Development Bank Ltd. vs. ITO case. Interest/Dividend inco...

June 14, 2024 786 Views 0 comment Print

TCS reported as payable in Audit Report cannot be added back to income u/s 43B

Income Tax : ITAT Amritsar decision on Aay Kay Manufacturing Co. Vs ITO-CPC discusses TCS payable and Section 43B compliance, offering key insi...

June 8, 2024 1368 Views 0 comment Print

ITAT upholds deletion of addition towards stale draft account

Income Tax : In the case of Karur Vysya Bank Ltd. vs. DCIT, ITAT Chennai rejects AO's disallowance of stale drafts, citing precedent and bankin...

May 30, 2024 390 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 5925 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 2208 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 6517 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 59719 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 1919 Views 0 comment Print


Assessee cannot be taxed on amount on which tax is not legally imposable

February 20, 2022 1383 Views 0 comment Print

Akbar Mohammad Vs ACIT (ITAT Jodhpur) In the present cases, it is not in dispute that the assessee deposited the contribution of PF & ESI belatedly in terms of section 36(1)(va) of the Act. However, the said deposits were made prior to filing of return of income u/s 139(1) of the Act. Of course, it […]

Employees’ contribution paid before due date of filing of return of income u/s 139(1) is allowable deduction

February 10, 2022 2058 Views 0 comment Print

Maheshwari Woods Pvt. Ltd. Vs DCIT (ITAT Bangalore) Amended provisions of section 43B as well as 36(1)(va) of the I.T.Act are not applicable for the assessment years under consideration as these are applicable from assessment year 2021-2022. By following the binding decision of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. […]

ESIC & PF paid before due date of filing income tax return allowable till AY 2020-21

February 5, 2022 8388 Views 0 comment Print

Dr. B. Lal Clinical Laboratory Private Limited Vs ACIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R […]

Clarification regarding deduction on payment of interest only on actual payment

February 1, 2022 2802 Views 0 comment Print

Clarification regarding deduction on payment of interest only on actual payment Section 43B of the Act provides for certain deductions to be allowed only on actual payment. Explanation 3C, 3CA and 3D of this section provides that a deduction of any sum, being interest payable on loan or borrowing from specified financial institution/NBFC/scheduled bank or […]

Disallowance u/s 40(a)(ia), 40A & 43B vis a vis income declared u/s 44AD & 44ADA & 44E

January 29, 2022 20406 Views 2 comments Print

The issue under consideration in this write up is whether disallowance u/s 40(a)(ia), 40A & 43B of Income Tax Act, 1961 are attracted in case of an eligible assessee declaring income under presumptive taxation scheme contained in section 44AD, 44ADA & 44AE. Section 44AD, 44ADA & 44AE starts with a non-obstante clause reading as ”Notwithstanding […]

Amendment to Section 36(1)(va) & 43B of Income Tax Act not Retrospective

January 18, 2022 4665 Views 0 comment Print

ITAT hold that the amendment to section 36(1)(va) and 43B of the Act will not have application for the relevant assessment year, namely assessment year 2018-2019.

UOI Vs. Exide Industries Ltd.: A Constitutionality Check on Section 43B(f) of Income Tax

January 7, 2022 5145 Views 0 comment Print

In recent case of U.O.I v. Exide Industries, the Supreme Court looked over the constitutionality of clause (f) of section 43B which was challenged on the grounds that it defeated the dictum of Bharat Earth Movers case

Performance incentive not paid before due date of return not allowable

January 5, 2022 13383 Views 0 comment Print

Hyundai Motor India Ltd. Vs ACIT (ITAT Chennai) The next issue that came up for consideration from ground No. 6 of assessee appeal is disallowance u/s.43B(c) of the Act, in respect of performance incentive paid to employees. Facts with regard to impugned dispute are that for the financial year relevant to the assessment year 2016-17, […]

Addition for PF/ESI paid beyond due date under respective Laws but before due date of ITR filing not sustainable

December 28, 2021 3921 Views 0 comment Print

Adama Solution P. Ltd. Vs ADIT (ITAT Delhi) ITAT allowed the issue raised by the assessee holding that the addition/disallowance made by the learned assessing officer of late deposit of employees contribution to the provident fund and ESI, as it is deposited before the due date of the filing of the return of an income […]

Debatable issues not permitted to be made adjustments u/s 143(1)

December 28, 2021 2970 Views 0 comment Print

S.V. Engineering Constructions India (P) Ltd. Vs DCIT (ITAT Visakhapatnam) It is settled issue that no debatable issues are permitted to be made adjustments u/s 143(1) of the Act. In the instant case, what was added in the intimation u/s 143(1) was the employees contribution to PF and ESI. Hon’ble Madras High Court in the […]

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