Section 43B(h): Petition filed in Supreme Court against MSME Late Payment Clause of Income Tax

The All India Federation in an appeal against Section 43B(H) of the Income Tax Act, Vyapar Mandal has filed a case in the Supreme Court. This recently added clause, which is a part of the Finance Act 2022, prohibits Micro and Small Businesses (MSEs) from giving customers longer than 45 days’ worth of credit. If a buyer exceeds this cap, the Reserve Bank of India will notify them of tax fines and compound interest costs at three times the bank rates.

The federation’s national president, Jayendra Tanna, claims that this clause unfairly burdens MSEs by requiring them to rigorously abide by the 45-day credit restriction and providing no guidelines for the timely payment of past-due amounts to these MSE suppliers.

According to him, the recently enacted clause categorizes manufacturers in relation to the lending of credit to purchasers. He stated, “The Center has created a classification on micro, small, and medium enterprises throughout India between manufacturers who can give credit to buyers for more than 45 days or for an unlimited time, and manufacturers who can give credit to buyers for less than 45 days,” calling this unfair discrimination against MSEs. Medium-sized industries, on the other hand, are exempt from such restrictions on credit extension. Due to this discrimination, medium-sized businesses may gain market share from small-scale ones.

Furthermore, according to Tanna, MSEs’ basic rights to conduct business on their own terms and to award credit as they see fit are violated by Section 43(B)(h).

The federation has filed a petition challenging the legitimacy of this section, pointing out that it will negatively affect the whole business community, especially the textile, chemical, and engineering units located in Gujarat.

Numerous business associations have expressed similar worries to the Center, stressing the negative consequences of the clause for MSEs and calling for its reexamination.

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