Harun Raaj & AssociatesHarun Raaj & Associates

Moment guide · FY 2026-27

I am paying MSME suppliers late

When are MSME payments disallowed under section 43B(h)?

Sec 43B(h)Sec 36(1)(iii)Verified 2026-08-11

Under section 43B(h), payments to Micro and Small enterprises must be made within 15 days of supply, or 45 days if a written agreement exists, or the expense is disallowed in the year of accrual and allowed only in the year of actual payment. Medium enterprises are not covered, and the rule applies from AY 2024-25.

Your legitimate options

Every route the statute actually gives you — with its condition, cap and deadline.

RouteConditionCap / deadline
Payment within 15 days (no agreement)No written agreement — pay the MSME supplier within 15 days of goods/services receipt to keep the deductionApplies to Micro and Small enterprises only, NOT Medium
Payment within 45 days (with agreement)A written agreement can extend the payment term to 45 daysCap of 45 days even with an agreement
Late payment — deduction deferredIf paid later than the deadline, the expense is disallowed in the year of accrual and allowed only in the year of actual paymentApplies from AY 2024-25

The #1 trap

Thinking section 43B(h) covers all suppliers — it covers only Micro and Small enterprises under the MSME Development Act, not Medium enterprises, so a buyer can pay a Medium supplier late without losing the deduction. Also, the 15-day rule applies unless a written agreement extends it to 45 days; a verbal 'we always pay in 60 days' does not protect the deduction.

The decision path

Follow it top to bottom — the first condition that matches is your answer.

  1. IF your supplier is a Micro or Small enterprise under the MSME Act → section 43B(h) applies to the payment.
  2. IF there is no written agreement → pay within 15 days of goods or services receipt.
  3. IF you have a written agreement → the term can extend to 45 days, but no further.
  4. IF you pay later than the deadline → the expense is disallowed in the accrual year and allowed only in the year of actual payment.
  5. IF the supplier is a Medium enterprise → 43B(h) does not apply; your normal 36(1)(iii) accrual rules govern. [VERDICT: Micro and Small only — 15 days or 45 with a written agreement.]

Worked example

Ravi, manufacturer with a mix of MSME and large suppliers

Ravi's factory buys raw material from three suppliers: a Micro unit, a Small unit and a Medium unit, and he typically pays invoices in 60 days. Under section 43B(h), from AY 2024-25 payments to Micro and Small enterprises must be made within 15 days of receipt of goods, or 45 days if there is a written agreement. Ravi has a written agreement only with the Small supplier, so that payment can go up to 45 days; the Micro supplier has no agreement, so the payment must clear within 15 days. For a purchase of ₹8,00,000 from the Micro supplier on 1 December 2025, paid on 20 December 2025, the payment is within 15 days and the ₹8,00,000 is deductible in FY 2025-26. But he pays a March 2026 invoice of ₹6,00,000 from the same Micro supplier only in May 2026, which is beyond 15 days with no agreement — that ₹6,00,000 is disallowed in FY 2025-26 and becomes deductible only in FY 2026-27 when the payment is actually made. The Medium supplier's invoices of ₹5,00,000 paid in 60 days are unaffected by 43B(h), because Medium enterprises are outside the provision, and the normal accrual deduction under section 36(1)(iii) continues. Ravi reworks his payment cycle to clear Micro and Small invoices within the deadlines, and he digitises the agreement with the Small supplier so 45 days applies. He tracks the disallowed amounts in a register so the timing differences are reflected correctly in each year's return. A quick call with us dials in the final figure. Ravi also notes that the 15-day clock runs from the date of receipt of goods or services, not from the invoice date, so a supplier who delivers on the 1st and invoices on the 10th still triggers the clock on the 1st. If the payment is part of a running account with multiple invoices, he applies the rule invoice by invoice, because an omnibus 'we pay every 60 days' arrangement does not satisfy the provision without a written agreement. The written agreement that extends the term to 45 days must be executed before the supply, not drafted after a dispute. The disallowed amount in the accrual year is added back in the return and claimed in the year of actual payment, which creates a timing difference he tracks in a register. A quick call with us dials in the final figure.

Questions people actually ask

Who is covered by section 43B(h)?

Only Micro and Small enterprises under the MSME Development Act. Payments to Medium enterprises are not covered by the provision.

What are the payment deadlines?

15 days from receipt of goods or services if there is no written agreement; 45 days if a written agreement exists.

What happens if I pay late?

The expense is disallowed in the year of accrual and allowed only in the year of actual payment, from AY 2024-25.

Income Tax CalculatorTDS Rate FinderOr talk to us about your numbers →

Sections: 43B(h), 36(1)(iii) · Last verified 2026-08-11 · Reviewed by Harun Raaj & Associates, Chartered Accountants. Every figure cites the Income-tax Act, 1961 (with ITA 2025 mapping via our section index).