Question And Answer
Subject: New provision u/s 43(B) regarding payment to spplier of Goods & Servies regstered under MSME Act, 2006
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Querist: CA Govind Agrawal
Answered by: Reply of the Expert is awaited;
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Date: February 9, 2024
Query asked by CA Govind Agrawal

If a person filing ITR under presumtive taxation receives goods & services from registered entity under MSME Act and defaults in making the payment u/s 43B of I.T. Act, 1961 whether legally consequences of default in payment as per Sec 43B will be applicable?

Since sections of presumtive taxation starts with

“Notwithstanding anything to contrary contained in Sections 28 to 43C…”

Section 43B starts with

“Not withstanding anything contained in any other provision of this Acr…”

My point is provisions of Section 44 comes subsequently to 43B but non obstantive clause in Sec. 43B appears to have wider coverage so as to overide non-obstantive clause under presumtpive taxation.

Please give case laws on the issues,if any.

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One comment on “New provision u/s 43(B) regarding payment to spplier of Goods & Servies regstered under MSME Act, 2006
  1. Dear Sir

    my self employed as Contract Job
    Our company release my Perfectional fees timely

    But Travel expense is not release timely

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