Section 43B(h): The 45-Day MSME Payment Rule
If your business buys from micro or small (MSME) suppliers, Section 43B(h) of the Income-Tax Act can disallow your purchase/expense — and increase your taxable profit — simply because you paid late. Inserted by the Finance Act 2023 and applicable from FY 2023-24 (AY 2024-25), this rule has made on-time vendor payments a tax issue, not just a cash-flow one. Here's what it means and how to stay safe.
The time limit (Section 15, MSMED Act)
| Situation | Pay within |
|---|---|
| Written agreement exists | The agreed date — but max 45 days from acceptance of goods/services |
| No written agreement | 15 days from acceptance |
Pay within this window → deduction allowed normally (accrual basis). Miss it → the expense is disallowed in the year of accrual and allowed only in the year of actual payment. Unlike other 43B items, paying before the return-filing due date does not rescue it.
Who does 43B(h) apply to?
- Supplier must be a micro or small enterprise registered under MSMED Act (Udyam). Medium enterprises are outside it.
- Manufacturers and service providers are covered; pure traders/wholesalers/retailers are generally outside the MSMED supplier definition.
- The buyer is any assessee computing income under "Profits & gains of business or profession" (those maintaining books / liable to tax audit).
- Interest payable to MSMEs under the MSMED Act for delays is itself not deductible.
A quick example
You buy goods worth ₹5,00,000 from a registered small enterprise on 1 March 2026, no written agreement (15-day limit). You pay on 10 May 2026. Since payment is beyond 15 days and falls in the next year, the ₹5,00,000 is disallowed in FY 2025-26 and allowed only in FY 2026-27 (year of payment) — raising your FY 2025-26 taxable profit (and tax) accordingly.
📒 Track MSME vendors & pay on time
KyaTax Books flags MSME suppliers and their due dates, so 43B(h) never bites. Books → dashboard → on-time payments.
Open KyaTax Books →How to stay compliant
- Identify MSME suppliers: collect Udyam numbers and mark micro/small vendors in your books.
- Track the clock per bill: 15 or 45 days from acceptance — not from invoice date alone.
- Prioritise MSME payments before year-end so nothing crosses the limit on 31 March.
- Reconcile at year-end: list any MSME amounts outstanding beyond the limit and add them back in the computation (and 3CD clause 22).
- Keep written agreements where you need the 45-day window instead of 15.
A live books-and-payments system makes this automatic. With KyaTax Books you record the vendor (with MSME/Udyam no.), the dashboard shows what's due, and you clear MSME dues on time — turning a tax risk into a routine. For companies, our Virtual CFO handles vendor payments and the year-end 43B(h) working end-to-end.
FAQ
From which year is 43B(h) applicable?
From FY 2023-24 (Assessment Year 2024-25) onwards.
Does it apply if the MSME supplier is not registered under Udyam?
No — the benefit/restriction is tied to enterprises registered under the MSMED Act. Unregistered suppliers fall outside 43B(h) (but confirm their status in writing).
Is the disallowed amount lost forever?
No — it is simply deferred. It becomes deductible in the year you actually make the payment.
Related: Advance tax due dates · KyaTax Books · MSME compliance score · All tools