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Section 43B(h): The MSME 45-Day Payment Rule and How to Stay Compliant

Updated 2026-08-03 · By KyaTax · 7 min read · expert-explainer
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Section 43B(h) allows a deduction for amounts payable to micro and small enterprises only in the year you actually pay — if you pay beyond the MSMED Act, 2006 limit.

The time limit

Pay a micro/small supplier late and the expense can be disallowed that year (added back to income), becoming deductible only when actually paid — a real cash-flow and tax cost.

Stay compliant

🧮 Worked example

You buy ₹5,00,000 of material from an Udyam-registered small supplier in Feb 2026, with a written 45-day term, but pay in May 2026 (after year-end 31 March).

Effect
FY 2025-26₹5,00,000 disallowed → added to taxable profit
Extra tax (say 30% slab)₹1,50,000 paid a year early
FY 2026-27Deduction allowed when paid

Paying just weeks earlier — before 31 March, within the 45 days — would have avoided the whole timing hit.

👩‍💼 Expert view

This rule quietly punishes good businesses that "pay eventually". Run an MSME-ageing check in March every year and clear micro/small dues before 31 March. KyaTax Books flags these automatically so a payment date never turns into a disallowance.

⚠️ Please read: This article is general information based on laws and notifications current as of August 2026. It is not legal, tax, accounting or professional advice or opinion and must not be relied upon for any decision. Rules change frequently and their application depends on your specific facts. Verify the latest position and connect with a KyaTax expert or your advisor before acting.
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Not sure how this applies to you?

Rules change and the answer depends on your exact numbers. Get a qualified professional to review Section 43B(h) MSME payment compliance for your case — before you act.

Talk to a KyaTax expert →

Frequently asked questions

Does 43B(h) apply to medium enterprises?

No — micro and small only. Confirm your supplier's category from their Udyam registration.

Is it 15 or 45 days?

15 without a written agreement; up to 45 with one. Keep documentation.

I paid late last year — now what?

The deduction typically shifts to the year of payment. Exact treatment depends on facts — get it reviewed before filing.

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