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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


Addition for belated payment of PF/ESI prior to amendment by Finance Act, 2021

December 28, 2021 2937 Views 0 comment Print

Ridhi Sidhi Mills (India) Pvt. Ltd. Vs DCIT (ITAT Jodhpur) In the present cases, it is not in dispute that the assessees deposited the contribution of PF & ESI belated 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 […]

Amendment in Section 36(1)(va) and 43B by Finance Act 2021 is prospective

December 28, 2021 2241 Views 0 comment Print

Vinko Auto Industries Limited Vs DCIT (ITAT Amritsar) Now, coming to the second aspect/determination made by the CIT(A) to the effect that the amendment made in Section 36(1)(va) and 43B of the Act by Finance Act 2021 has to be considered as clarificatory in nature and having retrospective effects, therefore would be applicable to the […]

ITAT deletes Addition for delayed payment of ESI/EPF as paid before due date of ITR filing

December 28, 2021 1146 Views 0 comment Print

Express Roadway P. Ltd. Vs ACIT (ITAT Delhi) The issue in the present ground is with respect to addition made on account of delayed payment of ESI/EPF. We find that CIT(A) while deciding the issue in favour of the assessee has given a finding that though there was delay in deposit of ESI & EPF […]

Belated payment of employees’ contribution to PF & ESI – ITAT allowed

December 27, 2021 1485 Views 0 comment Print

Vansh Jain Vs DCIT (ITAT Delhi) Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in sustaining the adjustment made […]

Disallowance under Section 43B due to wrong reporting in Audit Report- ITAT restores the issue to AO

December 27, 2021 4890 Views 0 comment Print

Rukmini Polytubes Pvt. Ltd. Vs DCIT (ITAT Delhi) ITAT find the adjustment of Rs. 1,82,543/- under section 43B(b) was made by the CPC on account of belated payment of PF and ESI payment of Bonus and GST. It is the submission of the Learned Counsel for the Assessee that the above payments were made before […]

ITAT deletes disallowance for belated payment of employees’ contribution to PF & ESI

December 27, 2021 1653 Views 0 comment Print

Worldwide Facility Management Services Pvt. Ltd. Vs DCIT (ITAT Delhi)  Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in […]

ITAT delete disalllowance for Employees’ contribution to PF & ESI paid before due date of ITR filing

December 27, 2021 1326 Views 0 comment Print

Aroon Facilitation Management Services Pvt. Vs DCIT (ITAT Delhi) I find the A.O. CPC in the instant case has computed the income of the assessee at Rs.16,58,230/- as against the returned income of Rs.6,98,610/- by making an adjustment for a sum of Rs.9,59,624/- on account of belated payment to employees’ contribution towards PF & ESI […]

No section 36(1)(va) for PF/ESI dues paid before return filing

December 26, 2021 14166 Views 0 comment Print

ITAT Delhi rules in Amandeep Singh Khurana vs ITO, disallowance u/s 36(1)(va) not valid for delayed PF/ESI deposit if made before return filing.

Section 36(1)(va)/43B amended by Finance Act 2021 applicable from 01.04.2021

December 26, 2021 5028 Views 0 comment Print

Pee Tee Turners Vs Assistant Director of CPC (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) – D/R has referred to the explanation to […]

Employees contribution of ESI/PF paid prior to filing of return of income u/s 139(1) allowable

December 26, 2021 2364 Views 0 comment Print

Citi Centre Developers Vs CPC (ITAT Chandigarh) Since the facts of the present cases are identical to the facts involved in Raja Ram Vs. ITO, Yamunanagar (ITAT, Chandigarh) therefore respectfully following the earlier orders as referred to herein above of the different Benches of the ITAT, the impugned additions made by the Assessing Officer and […]

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