2025 ActIncome-tax Act, 2025 is in force from 1 April 2026 — every page shows old (1961) & new (2025) section numbers side by side.Income-tax Act, 2025 in force · old & new sections shown
Section guide · Business

Section 43B(h) → Section 37: Pay MSME suppliers in 45 days or lose the deduction

Amounts owed to micro and small enterprises must be paid within 15 days (no written agreement) or 45 days (with one); otherwise the expense is allowed only in the year you actually pay.

1961: s.43B(h) 2025: s.37 Updated Nov 2026
Income-tax Act, 1961Section 43B(h)Quote this for FY 2025-26 (AY 2026-27) and earlier years
Income-tax Act, 2025Section 37Quote this from Tax Year 2026-27 (income from 1 April 2026)
Applies toPayments to micro & small enterprises (Udyam-registered)
Deadline15 days, or up to 45 days with written agreement
SinceFY 2023-24
2025 Acts.43B→s.37
Section 43B(h) → Section 37: Pay MSME suppliers in 45 days or lose the deduction
How to read section numbers: s.80C→s.123 means Section 80C of the Income-tax Act, 1961 is now Section 123 of the Income-tax Act, 2025 (in force from 1 April 2026). Returns for FY 2025-26 still use the old numbers; Tax Year 2026-27 onwards uses the new ones. Section Finder

Who is covered

  • Supplier must be a micro or small enterprise registered under the MSMED Act (Udyam) — medium enterprises are not covered
  • Supplier must be a manufacturer or service provider; traders registered on Udyam are outside these payment rules
  • The buyer can be any business; presumptive-scheme buyers computing income at a deemed rate are practically unaffected

Year-end effect

An invoice of February unpaid by the deadline is disallowed in that year and allowed in the year of payment. Most impact shows on 31 March balances — check creditor ageing before closing the books.

Worked example

Example

Example: A manufacturer in Jind buys parts from a small Udyam unit on 10 March 2026 with a 45-day agreement. Payment made on 5 May 2026 is late (45 days end 24 April) — the ₹8 lakh is disallowed for FY 2025-26 and allowed in Tax Year 2026-27.

Common mistakes

  • Not asking suppliers for their Udyam certificate
  • Assuming traders are covered
  • Ignoring the issue in the tax-audit report

Frequently asked questions

No. For MSME dues, payment within the 15/45-day window matters — not the ITR due date.

Last reviewed on 11 November 2026 by Vinay Jaglan, VJ & Associates. Law and portal screens change — verify before acting, or ask the office.

Talk to the office

Want this handled for you?

Send the details on WhatsApp. You get a straight answer on what it means and what to do next — before any fee is discussed.

WhatsApp the office