Question And Answer
Subject: MSME and 43B payments
Category: 
Querist: Vikas Shah
Answered by:
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Date: November 23, 2023
Query asked by Vikas Shah

With effect from 1/4/2023, any sum payable by the assessee to Micro or Small enterprises beyond the time limit specified in section 15 of the Micro, Small and Medium Enterprises development act, 2006 shall not be allowed as deduction. There are three questions with respect to said amendments

  1. Old Dues outstanding to MSME due to any reasons (before 1/4/2023) and not paid during the year and still outstanding as on balance sheet date.  Will the such balances be required to added to income.
  2. Whether the micro or small enterprise which has obtained UDHAYM registration will only be counted or unregistered enterprises which statisfy the definition of Micro and Small enterprises shall also be eligible MSME for the purpose of section 43B
  3. As per MSME Act, only manufacturers or service providers are classified as enterprises but central govt had allowed the traders to get registration for UDHAYM vide office memorandum issued on 2/7/2021 but in O.M. it is specifically stated that benefit to retail and whole sale trader as MSME shall be restricted only for priority sector lending. The question here is whether Traders having UDHAYM registration will be classified as MSME for the purpose of Section 43B of income tax act.

Thanks in advance.

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The payments will be considered as an expense only on actual payment to the MSE. The MSME should be registered as per MSME Development Act, 2006.



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