Thursday, June 4, 2026

Section 43B(h) and All Income Tax Provisions Triggered by Vendor Documentation for FY 2025–26

 By CA Surekha Ahuja

Vendor Documentation and FY 2025–26 Year-End Compliance: Section 43B(h), MSMED Act, and Supporting Income Tax Provisions

Part 1 of this series covered the five documents required from vendors and the Form 3CD clause map. This post covers the complete Income Tax Act framework that mandates vendor documentation — including Section 43B(h) (the MSME payment rule operative from FY 2023–24), the parallel compound interest liability under the MSMED Act, and four supporting provisions under the Income Tax Act, 1961 — Sections 145, 40A(3), 269SS/269T, and 40(a)(ia) — each of which is directly engaged by your vendor ledger data for FY 2025–26.

Section 43B(h) — MSME Payment Disallowance

Section 43B(h) was inserted in the Income Tax Act, 1961 with effect from FY 2023–24 (Assessment Year 2024–25). It is fully operative for AY 2026–27 (FY 2025–26). The provision stipulates that any sum payable to a Micro or Small Enterprise is deductible as a business expense only if actually paid within the credit period prescribed under the MSMED Act, 2006. If the amount remains outstanding as at 31 March 2026 beyond the permitted credit period, the deduction is denied in the year of accrual — irrespective of when it is eventually paid.

Credit Periods under MSMED Act:

SituationMaximum Credit Period
No written agreement between buyer and MSME vendor15 days from date of delivery/acceptance
Written agreement between buyer and MSME vendor45 days (maximum permissible; cannot be extended by contract)

Tax Impact — Section 43B(h):

ScenarioTax Treatment
Payment made within the credit periodFull deduction allowed in FY 2025–26. No disallowance. No adverse disclosure in Form 3CD Clause 26(B)
Payment outstanding beyond the credit period as at 31/03/2026Deduction disallowed in FY 2025–26 (AY 2026–27). Allowed only in the year of actual payment

Applies to: Micro and Small Enterprises — not Medium Enterprises. The Udyam Registration Certificate is the only basis for this classification.

Form 3CD Clause 26(B): The tax auditor must disclose, vendor-wise, all amounts payable to Micro and Small Enterprises, the credit period applicable, amounts paid within time, and amounts outstanding beyond the credit period. This clause cannot be completed without MSME Declarations and Udyam Certificates for each such vendor.

Compound Interest Liability — Section 16, MSMED Act, 2006

This provision operates independently of Section 43B(h) and is frequently overlooked.

ParticularsDetails
ProvisionSection 16, MSMED Act, 2006
TriggerAny delayed payment to a Micro or Small Enterprise beyond the agreed or statutory credit period
Rate of InterestCompound interest at three times the RBI bank rate, with monthly rests
When it AppliesFrom the day after the due date of payment — automatically, without any demand from the vendor
Applies toMicro and Small Enterprises only
Relation to Section 43B(h)Both apply independently. The income tax disallowance does not discharge the compound interest liability

This liability does not require a demand notice, court order, or any action by the vendor. It accrues as a matter of law and may be raised in proceedings before the MSME Facilitation Council (MSEFC) at any time.

Section 145 — Method of Accounting

Under Section 145 of the Income Tax Act, 1961, income chargeable under the head "Profits and Gains of Business or Profession" must be computed in accordance with either the mercantile basis or cash basis of accounting, applied consistently. The tax auditor confirms this under Form 3CD Clause 1.

The auditor's certification of the method of accounting depends on the verifiability of the balances in the books. Confirmed vendor statements — establishing that accruals recorded in the books correspond to amounts the vendor also records as receivable — are the external evidence of this verifiability. Without vendor confirmations, the creditor balances in the books are supported only by internal records, which is an insufficient audit position.

Section 40A(3) — Cash Payment Disallowance

ParticularsDetails
ProvisionSection 40A(3), Income Tax Act, 1961
TriggerCash payment exceeding ₹10,000 to a single vendor in a single day
Disallowance100% of the payment — no proportionate relief
Form 3CD ClauseClause 21(d) — Auditor must report all such payments
Vendor DocumentStatement of Accounts (Document 1) — used to cross-verify all cash transactions in the vendor ledger

There is no threshold below which cash payments are acceptable once they exceed ₹10,000 to a single person in a day. The disallowance is absolute. Vendor account statements, when reconciled against the books, bring cash payments into view as a distinct category for the tax auditor's examination.

Sections 269SS and 269T — Prohibition on Cash Loans and Deposits

ParticularsDetails
Section 269SSProhibits acceptance of any loan, deposit, or advance of ₹20,000 or more in cash in a single transaction
Section 269TProhibits repayment of any such loan, deposit, or advance in cash
PenaltySections 271D and 271E — Penalty equal to the full amount of the impugned transaction
Form 3CD ClauseClause 31 — Tax auditor must specifically identify and report contraventions
Vendor DocumentStatement of Accounts (Document 1) — ledger cross-check to surface such transactions

Contraventions of Sections 269SS and 269T must be disclosed in Form 3CD Clause 31 by the tax auditor. Vendor confirmations and account statements allow both the business and the auditor to identify such transactions before the return is filed — when they can still be addressed — rather than in an assessment proceeding.

Section 40(a)(ia) — TDS Disallowance

ParticularsDetails
ProvisionSection 40(a)(ia), Income Tax Act, 1961
TriggerTDS required but not deducted, or deducted at a rate lower than applicable, on vendor payments
Applicable SectionsSection 194C (contractors), 194J (professionals/technical services), 194I (rent), 194H (commission), 194Q (purchase of goods above threshold)
Disallowance30% of the underlying payment — not merely the TDS amount
Form 3CD ClauseClause 34(b) — Auditor must verify and report TDS deducted, deposited, and Form 16A issued
Vendor DocumentForm 16A (Document 5) + 26AS/AIS reconciliation

Illustration: Professional fee paid to a vendor: ₹10,00,000. TDS @ 10% required but not deducted: ₹1,00,000. Disallowance u/s 40(a)(ia): ₹3,00,000 (30% of ₹10,00,000) — not merely ₹1,00,000. Reconciliation of the vendor's Form 16A against 26AS and the TDS register is the mechanism for identifying such gaps before the audit.

Consolidated Provision Reference Table — FY 2025–26 (AY 2026–27)

ProvisionSubjectConsequenceVendor Document
Section 43B(h)MSME payment beyond credit periodDisallowance of outstanding amount in year of accrualMSME Declaration + Udyam Certificate
Section 16, MSMED ActDelayed payment to Micro/Small EnterpriseCompound interest at 3× RBI bank rate, monthly restsMSME Declaration + Udyam Certificate
Section 145Method of accounting — verifiabilityAdverse audit remark; unverifiable balancesStatement of Accounts + Balance Confirmation
Section 40A(3)Cash payment above ₹10,000 to single vendor100% disallowance of the paymentStatement of Accounts
Section 269SS/269TCash loan/deposit/repayment above ₹20,000Penalty equal to full transaction amount — Sections 271D/271EStatement of Accounts
Section 40(a)(ia)TDS not deducted or short-deducted30% disallowance of underlying expenditureForm 16A + 26AS/AIS reconciliation

Compliance Tip

  • Send the vendor request letter for all five documents on or before 15 June 2026.
  • Maintain a separate MSME Vendor Register recording each vendor's Udyam status, credit period applicable, invoice dates, payment dates, and any overdue amounts as at 31/03/2026.
  • Vendors who do not respond by 30 June 2026 may be treated as Non-MSME — but only if the request was formally made in writing and documented.
  • Reconcile 26AS and AIS with your TDS payable ledger and every Form 16A received before submitting data to the tax auditor.
  • The Tax Audit Report (Form 3CD) is due by 30 September 2026.

Closing Insight

Each of the six provisions covered in this post — Section 43B(h), Section 16 of the MSMED Act, Section 145, Section 40A(3), Sections 269SS/269T, and Section 40(a)(ia) — operates independently. A business may be exposed to more than one of them simultaneously for the same vendor transaction. The five-document vendor request covers all of them. Collecting these documents is not a year-end administrative task — it is the evidence base on which your tax audit rests.



Wednesday, June 3, 2026

Form 15CA and Form 15CB Replaced — Complete Guide to Form 145 and Form 146 Under the Income Tax Act 2025

 By CA Surekha Ahuja

From 1 April 2026, every Indian company or individual making a payment to a non-resident must use Form 145 instead of Form 15CA, and every Chartered Accountant certifying such payments must issue Form 146 instead of Form 15CB. The numbers changed. The obligations didn't. But UDIN is now mandatory, the exempt categories list grew, and the filing sequence is stricter. Here is everything you need to know.

What replaced what — the full picture

Until 31 Mar 2026

Remitter declarationForm 15CA
CA certificateForm 15CB
Section195(6), Act 1961
RuleRule 37BB
Exempt categories28
UDIN on CA certNot mandatory
CA cert threshold₹5 lakh

From 1 Apr 2026 Form 145

ReplacesForm 15CA
Filed byIndian payer / remitter
SectionSec 397(3)(d), Act 2025
RuleRule 220
Filing basisPer transaction, before each remittance
Exempt categories33 (5 new added)
PartsA, B, C, D

From 1 Apr 2026 Form 146

ReplacesForm 15CB
Filed byChartered Accountant only
SectionSec 397(3)(d), Act 2025
RuleRule 220
When requiredTaxable remittance >₹5L, no AO cert
UDINNow mandatory on every Form 146
Can be withdrawn?Yes — within 7 days
How Form 145 and Form 146 work together — the mandatory sequence
For a taxable remittance above ₹5 lakh — this sequence is non-negotiable
Step 1
Non-resident
File Form 41 + TRC
Establishes DTAA eligibility. Generates ARN. Payer cannot apply treaty rate without this ARN.
Step 2
Indian payer
Assign Form 146 to CA
Log in → My Account → Add CA → enter CA's membership number → assign Form 146.
Step 3
Chartered Accountant
File Form 146 with UDIN + DSC
CA certifies income nature, TDS rate, DTAA article. Generates acknowledgement number. UDIN is mandatory.
Step 4
Indian payer
File Form 145 Part C
Links Form 146 ARN. Declares remittance details and DTAA rate to tax department. e-Verify via DSC or EVC.
Step 5
Bank (AD)
Process remittance
Bank requires Form 145 acknowledgement + Form 146 + A2 form + supporting docs. 1–3 working days.
Form 145 — the four parts explained
A
Part A

Taxable remittances where aggregate does not exceed ₹5 lakh in the tax year.

No CA certificate needed. Simpler declaration by remitter.

No Form 146 needed
B
Part B

Taxable remittances exceeding ₹5 lakh where an Assessing Officer certificate (Form 128) has been obtained specifying the TDS rate.

Needs Form 128 — not Form 146
C
Part C

Taxable remittances exceeding ₹5 lakh with no AO certificate. Most common scenario for business payments.

Form 146 must be filed by CA first. Remitter links Form 146 ARN here.

Requires Form 146 ARN first
D
Part D

Remittances that are not taxable in India — no TDS, no CA certificate.

Simple declaration that the payment falls outside Indian tax scope.

No Form 146 needed
Form 146 — what the CA certifies and what's new
The biggest change from Form 15CB: UDIN is now mandatory on every Form 146. UDIN is an 18-digit alphanumeric number generated on the ICAI portal that makes every CA certificate tamper-proof and verifiable in real time. A Form 146 without a valid UDIN is considered invalid — the remitter cannot use it to file Form 145 Part C, and the bank will not process the remittance. CAs must generate the UDIN on the ICAI portal before or at the time of filing.

Form 146 also now requires the CA's PAN and firm registration number. Once a Form 146 is used by the remitter in Part C of Form 145, it is marked "consumed" and cannot be reused. It can be withdrawn within 7 days if filed in error — but withdrawal automatically updates the linked Form 145 Part C status to "Withdrawn."
Step-by-step filing procedure
Filing Form 145 — Parts A, B, D (no CA certificate)
Step 1
Log in
PAN + password at incometax.gov.in
Step 2
Navigate to form
e-File → Income Tax Forms → File Income Tax Forms → Act 2025 tab → Form 145
Step 3
Select Part
Choose A, B, or D based on taxability and amount. Fill remitter, remittee, amount, purpose, TDS details.
Step 4
Preview, e-Verify, submit
DSC or EVC. Download acknowledgement. Submit to bank with A2 form.
Filing Form 145 Part C — with CA certificate (Form 146)
Step 1 — Indian payer
Assign Form 146 to CA
My Account → Add CA → enter membership number → assign Form 146 to the transaction
Step 2 — CA
File Form 146 with UDIN
CA logs in → generates UDIN on ICAI portal → files Form 146 with DSC → provides acknowledgement number to remitter
Step 3 — Indian payer
File Form 145 Part C
Enter Form 146 acknowledgement number → fill remittance details → preview → e-Verify (DSC or EVC) → submit → give acknowledgement to bank
Exempt remittances — when Form 145 is not needed
Rule 220(3) lists 33 categories of exempt remittances — up from 28 under the old Rule 37BB. Five new import-related RBI purpose codes have been added that were previously grey areas. Common examples of typically exempt remittances include: payment for imports of goods, travel expenses, education remittances, medical treatment abroad, maintenance of close relatives, and subscription fees for international publications. Always verify the current Rule 220(3) list before assuming an exemption applies — assumptions can be costly.
Transition rule — old forms already filed
Form 15CA/15CB filed before 31 March 2026 remain valid provided the actual remittance occurred on or before the date specified in those forms. If the remittance was not completed within that window, fresh Form 145 and Form 146 must be filed.

Accrual in old year, remittance in new year: If income accrued in February 2026 but remittance happens in April 2026 — the reporting format follows the law in force on the date of remittance (Form 145/146 under Act 2025). But the taxability and rate are governed by the Act applicable to the year of accrual (Act 1961). Two different Acts applying to one transaction — confirm with your CA before processing.
Decision table — which form do you need?
SituationForm requiredFiled byTiming
Taxable remittance ≤₹5L in the yearForm 145 Part AIndian payerBefore each remittance
Taxable remittance >₹5L — AO rate certificate obtainedForm 145 Part BIndian payerBefore each remittance · attach Form 128
Taxable remittance >₹5L — no AO certificateForm 146 first then Form 145 Part CCA files 146 · payer files 145CA files 146 → payer uses ARN in Part C → before remittance
Remittance not taxable in IndiaForm 145 Part DIndian payerBefore each remittance
Remittance falls under Rule 220(3) exempt listNo form neededVerify exemption applies first
Non-resident wants DTAA lower rateForm 41 + TRC — non-resident files annuallyNon-residentOnce per tax year · before ARN is shared with payer
Penalties for non-compliance
DefaultLiable partyConsequenceSeverity
Form 145 not filed before remittanceIndian payerPenalty up to ₹1 lakh under Section 462. Bank will refuse to process remittance — transaction blocked.Critical
Inaccurate information in Form 145Indian payerPenalty up to ₹1 lakh under Section 462Critical
Form 146 filed without UDINCACertificate considered invalid. Form 145 Part C cannot proceed. Remittance blocked.Critical
Incorrect information in Form 146CAPenalty up to ₹10,000 per certificateHigh
TDS not deducted or short deductedIndian payerAssessee-in-default. 1% per month interest + penalty equal to TDS amount + 100% expense disallowanceCritical
Form 145 and Form 146 data mismatchIndian payerSelected for AO verification. Risk of demand, interest, and scrutiny.High
Common errors — click to expand fix
CriticalWarningCompliance
1
Form 146 filed without UDIN — certificate invalid
CA submits Form 146 but UDIN was not generated on the ICAI portal first. Entire certificate is void. Form 145 Part C cannot be linked to it. Remittance blocked.
CA filing
2
Form 145 Part C filed before Form 146 — wrong sequence
Indian payer tries to file Part C before the CA has filed Form 146. Portal will not accept Part C without a valid Form 146 acknowledgement number.
Payer filing
3
CA not registered on e-filing portal / no DSC registered
CA cannot file Form 146 without being registered on incometax.gov.in and having a valid DSC registered. Form 146 can only be submitted via CA's DSC — no EVC alternative.
CA filing
4
Wrong Part selected in Form 145
Remitter selects Part A for a remittance that exceeds ₹5 lakh — or selects Part C unnecessarily for a non-taxable payment. Wrong part cannot be changed after submission.
Payer filing
5
Form 145 and Form 146 data mismatch — triggers AO scrutiny
Inconsistencies between remittance amount, date, or DTAA details in Form 145 and Form 146 flag the transaction in the ITBA system. Common cause: exchange-rate differences between filing date and remittance date.
Compliance
6
Bank refuses to process remittance — Form 145 acknowledgement missing
Authorised Dealer (bank) requires Form 145 acknowledgement + Form 146 + A2 form before processing. Incomplete documentation package causes remittance to be held.
Bank processing
7
Assuming Form 145 is not needed — exempt category misidentified
Remitter assumes payment is exempt under Rule 220(3) without verifying the current 33-category list. Form 145 not filed. Bank may still process but tax department flags the transaction.
Compliance
8
Old Form 15CA / 15CB used for April 2026 onwards remittances
Finance teams continue using old form numbers after the transition. Forms 15CA and 15CB are not valid for any remittance made from 1 April 2026 onwards.
Compliance
Pre-filing checklist for Indian payers
Non-resident has filed Form 41 and shared ARN — confirm before any payment
Determined correct Part (A / B / C / D) based on taxability and amount
Verified payment is not in the Rule 220(3) exempt list before assuming no form needed
For Part C: CA assigned on portal and Form 146 filed with valid UDIN before starting Form 145
Form 146 acknowledgement number in hand before opening Part C
Remittance amount, date, and DTAA article consistent between Form 145 and Form 146
Form 145 e-verified via DSC or EVC — acknowledgement downloaded
Full documentation package ready for bank: Form 145 + Form 146 + A2 + invoice + TDS challan
TDS deducted at correct rate — DTAA rate only if Form 41 ARN received from non-resident
All records retained for 7 years for potential AO scrutiny