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section 43B

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Budget 2026 simplifies Rule for Due Date for Deposit Employee Contributions

Income Tax : The Central Government, in the Union Budget 2026, has proposed an important amendment concerning employee welfare funds. The objec...

March 10, 2026 1773 Views 0 comment Print

Section 43B(h) of Income Tax Act: Law, Intention, Practical Application & Loopholes

Income Tax : 2023 Income Tax change (Sec 43B(h)) mandates that deductions for payments to Micro and Small Enterprises are allowed only when pai...

September 25, 2025 1860 Views 0 comment Print

PF/ESI Deduction Denied for Late Deposit, Allowed for Holiday – 143(1) Adjustment Upheld

Income Tax : Delhi High Court upholds disallowance of delayed PF/ESI contributions under Section 143(1), but permits deductions when the due da...

September 14, 2025 1503 Views 0 comment Print

A Practical Guide to Tax Audit under Section 44AB for Trader Assessees – AY 2025–26

Income Tax : Practical guide to tax audit under Section 44AB for trader assessees, covering groundwork, data analysis, compliance checks, and f...

September 11, 2025 3231 Views 0 comment Print

MSME Changes as per Income Tax Act,1961 and MSMED Act, 2006

Income Tax : Understand Section 43B(h) of the Income Tax Act, MSME classification, payment timelines, tax disallowance, interest on delays, and...

March 31, 2025 9231 Views 0 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 600 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 11589 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 5532 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 10761 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 1089 Views 0 comment Print


Latest Judiciary


Income Tax Section 143(1) Adjustments Without Opportunity of Hearing Unsustainable

Income Tax : The Tribunal held that adjustments made without issuing prior notice to the assessee violate the mandatory proviso to Section 143(...

April 14, 2026 273 Views 0 comment Print

Section 43B Not Applicable as Electricity Duty Is Not Assessee’s Liability: P&H HC

Income Tax : The Court held that electricity duty collected by a licensee is not its own liability but that of consumers. As a result, Section ...

April 14, 2026 348 Views 0 comment Print

ITAT Mumbai Allows Actuarial Provisions for Employee Benefit Schemes; Deletes Major Disallowances on Expense Provisions

Income Tax : ITAT Mumbai rules actuarial provisions for employee benefit schemes are allowable under Section 37(1) as ascertained liabilities, ...

April 13, 2026 123 Views 0 comment Print

Higher Depreciation Allowed on UPS as Integral Part of Computer: Delhi HC

Income Tax : The Court dismissed the appeal after finding that all issues were already settled by earlier rulings. It held that no new question...

April 10, 2026 189 Views 0 comment Print

Section 263 Revision Invalid as PCIT Acted Without Independent Application of Mind

Income Tax : The court held that revision under section 263 requires independent satisfaction by the PCIT. Acting merely on the Assessing Offic...

April 3, 2026 378 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 7878 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 4821 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 6973 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 60760 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 2156 Views 0 comment Print


Employees’ contribution towards ESI/PF paid before due date of filing of return of income allowable

March 17, 2022 1533 Views 0 comment Print

Arjun Yadav Vs DCIT (ITAT Chandigarh) In the instant case, it is not in dispute that employees’ contribution to ESI and PF had been deposited well before the due date of filing of return of income u/s 139(1) of the Act. We further note that though the ld. CIT(A) has not disputed the various decisions […]

Amendments related to Employees’ Contribution to ESIC/PF vide Finance Act, 2021 are Prospective

March 14, 2022 7962 Views 0 comment Print

Plivo Communications Private Limited Vs ACIT (ITAT Bangalore) Hon’ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is ‘for the removal of doubts’ cannot be presumed to be retrospective, if it […]

Section 43B- No deduction for Deposit In ‘No-Lien/Escrow Account’

March 14, 2022 2133 Views 0 comment Print

Indian Metal and Ferro Alloys Ltd Vs CIT (Orissa High Court) The purpose of Section 43B of the Act was to ensure that a liability could be claimed as deduction only if the Assessee has actually parted with the sum without any recourse to it thereafter. In the present case, the interim stay granted in […]

Amendment to section 36(1)(via) & 43B are prospective not retrospective

March 11, 2022 4131 Views 0 comment Print

Amendment brought by Finance Act, 2021 to section 36(1)(via) and 43B is only prospective in nature and not retrospective and the same to be effective from 1-4-2021 and will apply for and from the assessment year 2021-22 onwards.

Employee Contribution To PF/ESI of AY 2019-20 paid before ITR Filing allowable

March 8, 2022 2259 Views 0 comment Print

Methods (India) Private Limited Vs DCIT (ITAT Bangalore) In this case there is no dispute that the assessee made payment of the Employees share of PF/ESI on or before the due date for filing return of income for AY 2017-18 u/s. 139(1) of the Act. The next aspect to be considered is whether the amendment […]

Section 43B: HC Directs AO to determine If IL&FS is a Public Institution

March 6, 2022 1038 Views 0 comment Print

CIT Vs Tamil Nadu Water Investment Co. Ltd. (Madras High Court) The main contention of the learned counsel for the appellant / Revenue is that the Tamil Nadu Government may not be a Public Financial Institution but M/s. Infrastructure Leasing and Financial Services limited is a Public Financial Institution and therefore, the interest payment not […]

Amended to section 43B & 36(1)(va) vide Finance Act, 2021 not applicable to AY 2018-19 & 2019-20

March 6, 2022 1890 Views 0 comment Print

Sri. Yeruva Prasad Vs ACIT/DCIT (ITAT Bangalore) The 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 i.e. 2018-19 & 2019-20. By following the binding decision of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra), […]

Allowability of delayed payment of employee’s contribution to PF/ESIC

March 5, 2022 11376 Views 0 comment Print

Rakesh Janghu Vs Circle, 33(1) (ITAT Delhi) On perusal of the records, we observe that the Assessing Officer has made the impugned addition on the ground that the assessee has deposited employee’s contribution towards Provident Fund and ESI amounting to Rs.2,32,41,551/- after due date as prescribed under the relevant Act/ Rules in breach of Explanation […]

ITAT deletes Addition towards ESI and PF paid before Income Tax Return due date

February 20, 2022 1830 Views 0 comment Print

Murlidhar Hassani Vs DCIT (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 has referred to the explanation […]

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

February 20, 2022 1692 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 […]

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