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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


In-depth analysis of overriding effect of Section 43B of I.T. Act, 1961 

February 14, 2019 16875 Views 1 comment Print

CA Gaurav Pahuja Background While the issue regarding the deduction of employer’s contribution made after due date, in funds set up for welfare of employees is well settled now, the practice of disallowing the claim of the assessee employer on account of delayed deposit of employee’s contribution is continued by the Income Tax Department since […]

Disallowance cannot be made for provision for gratuity for mere non-payment

February 6, 2019 63831 Views 0 comment Print

Disallowance under section 43B could not be done  in respect of provision for gratuity made for the benefit of the employees for the reason that no actual payment was made.

Conversion of unpaid interest into loan not amounts to deemed payment of interest U/s. 43B

November 15, 2018 2958 Views 0 comment Print

Interest can only be allowed when it is actually paid and conversion of unpaid interest into loan does not amount to deemed payment of interest in terms of section 43B.

Section 43B does not contemplate liability to pay service tax before actual receipt of the funds

November 10, 2018 1905 Views 0 comment Print

When assessee did not receive any amount from its clients, on which services tax was payable, then, the amount claimed by the assessee being unpaid service tax as its liability could not be disallowed under section 43B, as liability to pay service tax in respect of consideration would arise only upon the assessee receiving funds and not otherwise.

S. 43B Overdue interest converted into loan allowable only on payment

October 29, 2018 5541 Views 0 comment Print

Explanation 3C to section 43B provides that interest payable can only be allowed to an assessee when the same is actually paid and any interest which has been converted into a loan shall not be deemed to have been actually paid.

Contribution to EPF & ESI deposited before Income Tax Return filing due date cannot be disallowed

October 23, 2018 12048 Views 0 comment Print

Das & Sons Infracon Pvt. Ltd. Vs DCIT (ITAT Cuttack) amount claimed on payment of PF and ESI having been deposited on or before due date of filing of returns, same could not be disallowed under section 43B or under section 36(1)(va). FULL TEXT OF THE ITAT JUDGMENT This is an appeal filed by the […]

Disallowance of Service Tax U/s. 43B when payment not received from customer

October 7, 2018 7599 Views 0 comment Print

Service tax due not disallowed under section 43 if payment not received from the customer

Deferred Tax- Simplified

September 8, 2018 15696 Views 0 comment Print

As we are rushing towards the Tax audit due date, I thought its worthy to attempt a write-up on a concept that holds significant place in accounting of taxes of a business(i.e) Deferred Tax.

Tax Audit- Clause 26, Section 43B Most Important

August 24, 2018 149118 Views 4 comments Print

All about Clause 26 of Form 3cd. 1. What does Clause 26 says:- In respect of any sum referred to in clause (a), (b), (c), (d), (e) or (f) of section 43B, the liability for which:- (A) Pre-existed on the first day of the previous year but was not allowed in the assessment of any […]

EPF Act 1952 vis-á-vis Income Tax Act – Tax Treatment of PF Dues

August 20, 2018 93357 Views 25 comments Print

Employer’s contribution and Employees’ contribution in India are governed by EPF Act, 1952. The employees’ contributions are obtained by employer @12% and along with equal contribution are deposited with the PF trust or PF commissioner at the designated bank account by the latter.

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