A Guide to Section 43B(h) of the Income Tax Act, 1961 - MSME Payment Policy

The tax compliance world in India has changed significantly due to the mandatory requirements introduced under Section 43B(h) MSME Compliance of the Income Tax Act, 1961, as amended from time to time. Effective from 1st April 2024 (AY 2024-25), this regulation has created a major shift in how businesses must handle payments to Micro and Small Enterprises registered under the MSMED Act.

This guide has been designed to help Business Owners, Accountants, CFOs and Compliance Officers understand what Section 43B(h) entails, why timely MSME payments are now critical, and how to implement full compliance in a practical and user-friendly manner.

Significance of Section 43B(h) for Your Organisation

The purpose of Section 43B(h) of the Income Tax Act 1961 has been to create the following positive outcomes for businesses based in India:

To support large-scale companies in making timely payments to their MSME suppliers or providers of services,
To increase cash flow for MSMEs that supply products and/or services by enabling them to generate working capital through improved turnover,
To hold large-scale companies accountable for their ability to make timely payments to MSMEs,
To limit the flexibility of large-scale companies' ability to claim tax benefits based on their timely payments to MSMEs.

Under the provisions of this section, any expense claimed by a business for tax deduction cannot be allowed if any payment(s) made by that business to MSMEs occur later than the specified time limits of 15 days or 45 days from the date specified in either a written or oral agreement. Importantly, if you have been able to deduct a particular expense for tax purposes because you have made a payment on the day you incurred it, the only way you can deduct it subsequently is if you... have made a payment within the time specified for your deduction.

Classification of MSMEs According to the MSMED Act

Section 43B(h) only applies to those suppliers whose registration as Micro or Small enterprises was through Udyam Registration.

MSME Classification According to the MSMED Act 2006

Classification of Enterprise	Investment Threshold	Annual Turnover Threshold
Micro Enterprises	≤ ₹1 Crore	≤ ₹5 Crore
Small Enterprises	≤ ₹10 Crore	≤ ₹50 Crore

🔹 Medium Enterprises are not included under Section 43B(h).

🔹 Retailers and wholesale suppliers will also not qualify to claim the benefits under Section 43B(h), even if they hold a Udyam Registration.

Legal Framework: Section 15 of the MSMED Act in conjunction with Section 43B(h) of the Income Tax Act

Section 43B (h) relies on the definition of legally permitted times for payment as set forth in Section 15 (MSMED Act 2006).

3.1 Timelines for Payments under Section 15 of the MSMED Act (2006).

a. The Payment Terms of an Agreement (maximum 45 days) Buyers and suppliers agree to mutually-set payment terms of the agreement cannot be longer than forty-five (45) days.

Consequently, neither MSME contracts may require payments within sixty (60) or ninety (90) days of acceptance/delivery.

b. If no written agreement is present, the payment should occur no later than fifteen days from the date of the acceptance, or delivery of the items/services.

What is the Day of Acceptance?
The day on which the items or services were delivered. If the buyer has any issues or concerns regarding the Delivery and they raise the matter in writing within fifteen days of acceptance/delivery, the date when the buyer resolves their issue or concern is considered "the day of acceptance".

3.2 The tax effects of section 43B(h)

Expenses (i.e. A deductible expense) : Where payments made within the 15 to 45 days of the due date (including any portion before the due date), the financial year of the payments shall be deemed to be the year of the deduction.

Non-Expenses (i.e. Not a deductible expense): Where payments made after the 15 to 45 days of the due date, the financial year of the payments shall be deemed to be the year of the payment. You cannot utilize payments prior to the filing of your tax return as per the provisions of section 43B of the Income Tax Act.

An Example to Illustrate

An electronic invoice is sent to a Purchaser on 01-03-2025

Seller Name: A Small Business (with a registered status in India)
Understanding Date of Invoice: 45 days from the date of invoice
Amount of Invoice: ₹100,000.00 (Indian Rupee)

A). Payment made on 10-04-2025

1. Payments made within 45 days

2. Payments dated after end of the financial year

3. Payments are included in financial year 2024-2025

B) Payments made on 01-05-2025

1. Payments made outside of 45-day period

2. Payments made are not allowed in the financial year 2024-2025

3. Payments can only be claimed in the financial year 2025-2026.

Period of Interest for Delay in payment

If a buyer delays payment, the law requires them to pay interest at three times the RBI Bank Rate (as on year-end), compounded monthly.

The above interest will not be tax deductible under Section 80C of Income Tax Act.

Compliance Checklist for Businesses :

Businesses must act NOW to minimize their year-end disallowances.

6.1 Supplier Verification :

Collect Udyam Registration Certificates from your suppliers
Maintain a vendor master list containing your suppliers' MSME status
Update your vendor classification every six (6) months
Confirm all suppliers are Micro or Small (not Medium)

6.2 Agreements and Documentation :

Each of your MSME vendors must have a written agreement
Your Vendors payment term must be 45 days or less
There should be no verbal agreements (the default payment term is 15 days).

6.3 Automated Tracking System :

All vendors' invoice acceptance dates must be tracked
All the vendors' invoices must have a deadline of 15 days and 45 days
Set automatic reminders to send alerts 5–10 days before the due date.
Escalation alerts to be sent to your financial head

6.4 Review Periodically to Determine Tax Effect :

You must review your MSME vendors' outstanding balances on a monthly basis.
You must conduct a 43B(h) disallowance simulation.
You must have your final review of all your MSME vendors during the months of February and March.

6.5 Tax Audit Reporting - Form 3CD Clause 22 :

It is required that businesses must disclose the following:

Outstanding Principal Amount for MSME vendors
Outstanding Interest for MSME vendors
Total Breakdown of Micro and Small Amounts Due to MSME Vendors.

Common Risks of Non-Compliance

Have not established formal business agreements → 15 Day Credit will be forced to make payment.
Have not obtained an Udyam verification → Incorrectly classified under the wrong category.
Have not made payments within a single business day of receipt → Full year payment will be disallowed.
Year End cash flow stress → Delayed payments
Reporting incorrectly on Form 3CD → At-risk of an audit

Managing payments under the MSMEs' Act is no longer an option; it is now required by law.

Book My Accountant Can Help You Reach 100% Compliance

Book My Accountant (BMA) is a specialist in the area of Vendor Management and MSME compliance w.r.t. 43B(h) advisory services, as well as tax audit documentation.

Within that scope, we provide the following services:

1. Udyam Certificates/Vendor Due Diligence

Obtaining valid Udyam Certificates.
Mapping to the MSME Status.
Updating vendor classifications as needed.

2. Agreements Drafted and Standardized

Legally compliant contracts – minimum of 45-day contracts.
Protection from a default within the minimum of 15-day rule.
Documentation following the requirements of the MSMED Act.

3. Automated Invoice Tracking

Real-time monitoring.
Alerts when due dates are approaching.
Dashboards showing invoices due for escalation.

4. Simulations of the 43B(h) at Year-End

Predicting potential disallowances for a subsequent tax year.
Identifying invoices which require immediate payment.
Avoiding the risk of unexpected tax liabilities.

5. Tax Audit/Form 3CD Reporting (Clause 22)

Providing accurate MSME disclosures.
Providing calculations of interest.
Providing audit support and representation to clients.

Tips for Business Owners :

Section 43B(h) is non-negotiable and strictly applied. You must pay within 15 or 45 days to claim the deduction; otherwise, the tax authorities will disallow the expense and add it to your taxable income. MSME interest cannot be deducted. The period from February to March could have the highest risk for business owners. Further, audit report preparation requires clean documentation.

Compliance Plan For FY 2024-2025 And FY 2025-2026

Identify Vendors of MSME
Written Agreements (within 45 Days)
Vendor Master Updated
Daily Invoice Tracking
Payment Prioritised for Due Date Approaching
Review MSME for Feb to March
Accurate reporting on 3CD
If we stay disciplined now, we will avoid large tax losses in the future.

Disclaimer
This website is intended to provide information and education (in general) to the reader and should not be regarded as advice on any issue, including legal advice, tax advice, or compliance advice. Legal requirements, notifications and tax laws may change. Readers should seek professional advice from a qualified professional for a thorough understanding of their own situation or check the latest legal amendments on the government websites.
Book My Accountant (BMA) provides professional services; however, this document's content is not intended to be a substitute for BMA's personal advisory services.

The New Income Tax Act of 2025: A Complete Guide for Taxpayers

A new era is going to dawn in India's tax regime. With effect from April 1, 2026, the Income-tax Act, 2025 will take effect in lieu of the Income-tax Act of 1961, which has been in force for more than 60 years. This is history's biggest tax reform, not another amendment.

The new Act is aimed at modernizing regulations, easing tax compliance, and keeping pace with India's digital economy. Everyone who is a taxpayer -- individuals, start-ups, businesses, or charitable trusts -- will be affected.

Whether you are a private taxpayer, business person, or professional responsible for the preparation of GST returns or electronic tax returns, we at Book My Accountant (BMA) are here to assist you through these changes.

The Need for a New Income Tax Act

After decades of revisions, the Income-tax Act of 1961 had grown too complicated and antiquated. It was challenging for professionals and taxpayers to understand, with over 800 sections and multiple clarifications.

Among the principal concerns were:

Too many layers and overlapping rules make up a complex structure.
Outdated clauses: Allusions to antiquated methods.
High litigation: Disputes and administrative hold-ups are common.

To address this, the government unveiled the Income-tax Act, 2025, which was designed from the ground up to give taxpayers a more straightforward, streamlined, and digitally-first system.

Main Features of the New Income Tax Law

With only around 536 sections compared to 800+, the new Act is significantly shorter. A few of the main reforms are as follows:

1. The concept of the tax year

The terms "Assessment Year" and "Previous Year" are no longer interchangeable. From now on, it's just Tax Year, which is less onerous to follow.

2. Digital-First Structure

The government has turned digital in its thinking with full-fledged online notices, time-bound refunds, and faceless assessments. All steps in the compliance process are supposed to be monitored online.

3. VDAs (Virtual Digital Assets)

Cryptocurrency, NFTs, and tokenized assets are defined and taxed for the first time. The unreported holdings can be considered as unaccounted income, and VDA gains are taxable.

4. Plain Words

Heavy legalese is not used in the Act. The language used in the provisions is simpler and more understandable, easy for common taxpayers to read and understand.

5. Notice Before Enforcement

Where there are no exceptional circumstances, advance notification has to be provided by the tax department before any action for enforcement, e.g., search or seizure. This renders the process even more equitable.

6. Charitable Institution and Trust Regulations

There will be exemptions only for valid charitable purposes. There are more stringent reporting requirements and disincentives for gifts anonymously made.

Individuals' New Tax Slabs

The Act now incorporates the new tax slabs announced in the Union Budget 2025. With effect from FY 2025–2026, the following apply:

Range of Incomes (₹)	Rate of Taxation
0–4,00,000	Zero
Between 4,00,001 and 8,00,000	5%
8,00,001–12,00,000	10%
12,00,001–16,00,000	15%
16,00,001–20,00,000	20%
Between 20,00,001 and 24,00,000	25%
Over 24,00,000	30%

Key Points to Note

The normal deduction was raised to 75,000.

Section 87A Rebate: Maximum ₹60,000, effectively tax-free income of ₹12 lakhs.
Default Regime: The taxpayers can choose to go under the old regime if they want; the new regime is the default instead.
Surcharge: Reasonable for high-income earners.

The plan here is to discourage the use of deductions and make it easier to file.

Reductions and Rewards:

The Act retains a few common deductions despite reducing exemptions:

Although the focus on the new regime is more now, 80C investments are still there.

Health insurance (80D): Continues with additional GST exemption.
80JJAA (New Employee Deduction): Provides an additional 30% deduction of salaries of fresh hires to promote employment generation.
MSMEs and start-ups: Continue to avail of relief in tax and simplified schemes.

For tax, the Unified Pension Scheme (UPS) is treated on par with the NPS.

Evaluations and Compliance:

The government is emphasizing faceless digital compliance. Some of the major changes include:

Faceless Assessments: We will handle all cases anonymously to avoid harassment.
3-Year Filing Limit: We cannot file returns after three years from the due date.
Refund Timelines: They disburse refunds earlier, with a levy of penalty for late filing.
Enlarged Search Powers: After searching, the authorities can make use of social media and electronic devices.

Even though these steps streamline the process, they also create privacy issues, with access being in digital format.

Business Provisions:

Corporate Tax Rates: 15% for new manufacturing facilities and 22% for domestic businesses
Start-ups: Clarity on angel tax matters, including VDA taxation.
International Investments: We continue to offer infrastructure exemptions to sovereign and pension funds.
Transfer Pricing: Streamlined with quicker decisions and anonymous resolution of disputes.

Non-profits and trusts

The new Act subject’s non-profit organizations to stricter treatment:

Anonymous donations are excluded.
Donations from corpus must be traced out and handled appropriately.
Expense on CSR is not allowable yet, but reporting must be simplified.

This only makes sure that legitimate non-profits are benefiting from tax relief.

Transition Rules

FY 2025–2026 (AY 2026–2027) will be governed by the 1961 Act.
New Act will come into operation fully on 1 April 2026.
Until they are overtaken, current regulation and case law will continue to inform interpretation.

Tax payers and companies ought to update their data, software, and planning techniques well in advance.

Practical Consequences for Individuals

Particularly in the default regime, return is simpler.
The old regime may still be the choice of major investors in tax-saving products.

When dealing with Companies

Accuracy is desirable but compliance is quicker and simpler.
With increased transparency, there is reduced scope for manipulation.

For tax planners and certified accountants

Both Acts need to be known side by side during the transition period.
Educating the client will be crucial in preventing misconceptions.

Pros and Cons:

Pros	Problems
1. Cleaner, modernized drafting. 2. Simpler abridged sections and slabs. 3. Faster refunds and fairer procedures. 4. Clear rules for digital assets and start-ups.	1. Privacy issues with increased digital access. 2. High-deduction taxpayers (housing loan, PF, LIC) might feel penalized. 3. Enterprises making the transition will have to adjust quickly.

Conclusion

India's tax system has completely changed as a result of the Income-tax Act of 2025. It seeks to align with India's digital economy while making income tax easier, quicker, and more equitable.

For individuals, it means filing tax returns will be less complicated. It represents a shift for companies toward efficient, transparent, and faceless compliance. It's also time for professionals to help clients make the change.

Our goal at Book My Accountant (BMA) is to make this transition as smooth as possible. Our professionals can assist you in meeting your ITR filing deadline, staying in compliance with the new tax regime, and streamlining electronic income tax filing so you can concentrate on what really counts: expansion.

Disclaimer:
The purpose of this blog is purely to make people aware and provide information. It is not tax or legal advice. Interpretation may differ and tax law can change. Always consult a professional tax advisor before making any tax or financial decision.

Major Income Tax Modifications for FY 2025-26: NIL Tax on Incomes up to Rs 12 Lakhs

Revised Tax Slabs

The budget introduces a restructured tax slab system to ensure a progressive taxation approach. The new tax rates are as follows:

New Income Tax Slabs for FY 2025-26 (as per Budget 2025)

Annual Income (₹)	Tax Rate (%)
Up to ₹4,00,000	No Tax
₹4,00,001 - ₹7,50,000	5%
₹7,50,001 - ₹12,00,000	10%
₹12,00,001 - ₹15,00,000	15%
₹15,00,001 - ₹20,00,000	20%
₹20,00,001 - ₹25,00,000	25%
Above ₹25,00,000	30%

This restructuring aims to provide relief to middle-income earners while ensuring that higher-income individuals contribute a fair share to the nation's revenue.

The Finance Minister's recent budget speech for the year 2025-26 has brought a revolutionary change in India's income tax scenario. This move is proposing people a great deal, especially those with an income of up to Rs 12 lakhs. In this blog, we shall introduce the main features and implications of the new income tax regime.

1. Exemption Limit: A New Beginning

Traditionally, the income tax exemption limit was Rs 2.5 lakhs for those who were less than 60 years old. In the following financial year, though, there was a surprise twist with those having income up to Rs 12 lakhs exempted from income tax. That is way higher than previous exemptions, and the idea is to lower tax on mid-level income earners.

2. Section 87A Extended Rebate

Most relevant among these extensions is the rebate under Section 87A for taxable incomes that have been lifted to Rs 12 lakhs. That is, such eligible assessee shall not only benefit from a bigger exemption limit but also from the rebate path. It must especially be noted in this regard that this rebate remains reserved only for resident individuals. Foreigners living in India or non-resident Indians are not eligible to claim it.

3. Tax Liability of Salaried Individuals

For salaried people, it is all the more useful. Although the minimum exemption amount is the same at Rs 4 lakhs, one can see that such people can be exempt from taxation up to a point of income of Rs 12.75 lakhs if one takes average deductions and other deductions into consideration. This brings the tax scenario for the salaried community more favourable, and they get to experience prosperity in terms of finance and consumption.

4. Special Rate Incomes: Clarification Needed

Though the new regulations have been welcomed with open arms, special rate incomes like Short-Term Capital Gains (STCG) have instilled fear.

These revenues are not liable for the rebate under the current clauses whether the aggregate revenue of the taxpayer is below Rs 12 lakhs. This provision of the new scheme has brought some ambiguity. Most of the taxpayers are enquiring whether they can avail themselves of the rebate scheme if their taxable revenue is mainly from such special sources.

5. Introduction of Marginal Relief

In order to avoid that the taxpayers suddenly find themselves bearing the tax burden as their incomes just cross Rs 12 lakhs, marginal relief has been provided for by the budget.

This is invoked when the taxpayer's income just crosses this threshold. The marginal relief provides that the tax levied on the income in excess of Rs 12 lakhs is never greater than the size of the excess income, in order to avoid so-called "tax trap." For example, a taxpayer can avail of a marginal relief of overall income of Rs 12,70,587, so that his total tax burden would be the size of the income in excess of Rs 12 lakhs.

6. Implications for the Taxpayer

These measures are aimed at having beneficial effects on tax payers. With an increase in the exemption amount and increasing the rebate under Section 87A, the government aims to increase the disposable incomes of citizens, which will be able to generate economic growth as well as consumption by consumers. It can also simplify the system of taxation, decreasing the compliance burden on individuals.

Other than that, marginal relief schemes are a thoughtfully generous favor for taxpayers' well-being. The budget cost of violating a tax limit could sometimes deter individuals from seeking further meritorious compensations that could hinder economic growth. Taxpayers have much to gain with such an enlightened step on the part of the government here in this budget, with increasing economic liberty.

Conclusion

The newly released budget of FY 2025-26 is a landmark for India's income tax situation, particularly with the inclusion of NIL tax for incomes up to ₹12 lakhs. In addition to lowering the tax burden for mid-income groups, this future-proof budget also promises to increase the economic growth by increasing the disposable income. The introduction to Section 87A and marginal relief also go towards establishing the government's aim of enacting a more progressive tax regime.

And all the while, taxpayers are trying to cope with all this and keep up to speed and seek advice from an expert, especially regarding special rate incomes and rebates qualifying.

Book My Accountant Talks

We, at Book My Accountant, are dedicated to guiding you through the implications of these tax reforms and helping you get the best out of the new regime. Our experts are ready to provide you with personalized advice and assistance according to your financial situation.

Greet this exciting new era of Indian taxation with optimism, and let us help you make the most of the possibilities of the future unfolding. We can construct foundations for a prosperous economic future together.

You may approach us at any time for any fact or assistance you may require regarding tax planning and compliances. Your welfare matters to us!

Top 5 Tax Consultants in Kolkata for 2025

You can overcome the challenges of taxation by consulting a professional who can forecast a better return on your investments. Expert tax planning and compliance advice is essential for entrepreneurs and those aiming to maximize tax returns. 2025 brought sharply increased demand for professional tax advisors, especially in large, bustling cities such as Kolkata. This article highlights the top five tax consultants in Kolkata, emphasizing their skills and services, including GST.

Book My Accountant

Overview

Book My Accountant is a top tax consultancy in Kolkata, offering complete tax solutions. They are a comprehensive financial resource, handling company formation and income tax compliance. Customized tax prep services maximize deductions and reduce taxpayer rates.

Services Offered

Income Tax Filing: Customized tax prep services maximize deductions and reduce taxpayer rates.
GST Services Kolkata: These include registration, filing, assessment, litigation and compliance and also comprises guidance on the confusions of the GST law for enterprises.
Company Formation: They help new companies establish themselves and ensure that all necessary legal compliance is envisioned and implemented from the start.
ROC Compliance: Comprehensive services for meeting the requirements imposed by the Registrar of Companies (ROC).
TDS/TCS Services: Timely filing of TDS and TCS returns is essential to avoid penalties.
Compliance Audit: Detailed audits to verify compliance with all relevant standards.
Financial Planning: Continuous financial planning services aimed at generating a more effective financial plan for the clients.

Why Choose Them?

Book My Accountant, a top tax advisor, consistently earns high marks for credibility and reliability in Kolkata. They understand client needs and stay updated on tax laws to ensure compliance and maximize client benefits.

Goyal Tax Services Pvt. Ltd.

Overview

Goyal Tax Services Pvt. Ltd. has established itself as a firm known for its expertise in accountancy and taxation. They have also gained a loyal customer base through their proactive role as tax advisors.

Services Offered

Tax Planning Services: These tax planning tools help the customers have a smaller tax liability as based on the corresponding financial status.
GST Services Kolkata: At Goyal Tax Services Pvt. Ltd., one is provided with strong GST consultancy services and compliance to the dynamic GST landscape.
Audit and Assurance Services: Comprehensive audits to provide transparency and compliance in financial reporting.

Why Choose Them?

Goyal Tax Services Pvt. Ltd.'s focus on client education and satisfaction has made it the top competitor in Kolkata. Their principal task is explaining technical tax concepts to its clients so they may be better informed when making decisions.

RSM India

Overview

RSM India has a strong market presence in the city of Kolkata and offers a broad range of professional services, such as tax consultants , audit and risk advisory services. Their international reach enhances their local expertise.

Services Offered

Corporate Tax Services: They offer a comprehensive set of corporate tax planning and compliance services that businesses can tailor to their specific needs.
GST Services Kolkata: Complete GST advisory services up through closing required for easier compliance of clients' business.
Financial Advisory: Performance enhancement through tailored financial advisory services.

Why Choose Them?

With a global network, RSM India offers insights into local and international tax laws, making them a top choice for clients seeking a broader perspective.

Partha Das & Associates

Overview

Partha Das Associates is a boutique tax consultancy firm distinguished by its attention to personalized service and its dedication to meeting every client's individual requirements.

Services Offered

Individual Tax Filing: Expertise in doing tax preparation for oneself, helping clients comply with personal tax liability as best they can.
GST Services Kolkata: Awareness of GST so that business activities are carried out in an accurate manner.
Transfer Pricing Services: Guide to transfer pricing, that is, of particular relevance to companies operating in foreign markets in respect to international trade.

Why Choose Them?

They are committed to providing clients a more personal and service focused relationship to which clients feel nurtured and listened to. They are able to design individual plan which is adapted to personas financial needs.

Saha & Associates

Overview

Saha Associates is a comprehensive financial consultancy firm that combines tax services with broader financial planning and consulting.

Services Offered

Business Tax Compliance: Assisting businesses in ensuring timely and accurate tax compliance.
GST Services Kolkata: They provide efficient GST services that businesses can use to mitigate the risk of non-compliance and enforcement.
Strategic Tax Planning: There are strategic recommendations for personal and corporate taxes.

Why Choose Them?

Saha Associates combines experience with a client-focused approach, making it a reliable legal and tax consultancy in Kolkata. That, in their aim, is to the betterment of clients’ tax systems is commendable.

Conclusion

Selecting a top tax consultant in Kolkata is crucial for financial benefits and tax compliance. In Kolkata, various firms can meet your GST and tax planning needs in 2025, allowing you to choose one that fits your personal requirements.

We need to get in touch with any of the above mentioned consultants for customisable solutions with respect to taxation, particularly for GST related purposes in Kolkata. Their help gives the information to comprehend the intricacies of taxation and guarantee financial well being.

Vivad se Vishwas Scheme, 2024 of Direct Tax: Simplifying Tax Disputes Resolutions

At Book My Accountant, we well understand the plight of taxpayers who cannot manage unresolved tax disputes. To reduce this concern, the Central Government has brought in the Direct Tax Vivad se Vishwas Scheme, 2024. The scheme aims to ease legal disputes by offering a direct tax solution for many struggling individuals. Let us take a closer look into this scheme and how it can help you.

What is the Direct Tax Vivad se Vishwas Scheme, 2024?

The Direct Tax Vivad se Vishwas Scheme, 2024 was enacted under section 99 of Finance Act, 2024, and is expected to come into effect from October 1, 2024. This scheme aims to expedite tax dispute resolution without burdening appellate authorities, benefiting taxpayers and the Income Tax Department.

Who Can Benefit From the Vivad se Vishwas Scheme?

This Scheme shall benefit :

An Appellant who files an appeal, writ petition or special leave petition.
A person against whom an appeal has been filed by the Income Tax Department.
Any one whose case is pending in the Supreme Court, High Court, ITAT or Commissioner (Appeals) as on July 22, 2024.

This applies to objections before the DRP under Section 144C of the Income Tax Act where directions remain pending as of July 22, 2024, or are incomplete.

Eligible Key Steps to Apply

Taxpayers must submit their relief claim under the Vivad se Vishwas Scheme via Form 1 on the Income Tax portal. On filing, the declaration would be verified by the designated authority. Upon confirmation, the designated authority calculates and informs the appellant of the amount due within 15 days via Form 2.

How is the Amount Payable Calculated?

Amount payable under the scheme will depend upon the following factors:

Disputed Tax Cases: If an appeal is made after January 31, 2020 and was pending as of July 22, 2024, then the taxpayer is liable to pay the disputed tax that will carry cess and surcharge. But if petitioning is done during or before January 31, 2020, then a penalty of 10% on the amount of the disputed tax will be levied. If the amount is not paid till December 31, 2024.
Disputed Interest, Penalty, or Fee: Appeals concerning disputed interest, penalty or fee shall start requiring from January 31, 2020 onwards to pay 25% of the amount in dispute. Appeals to the date filing January 31, 2020 shall request a payment of 35% of the amount in dispute and the deadline date will remain on December 31, 2024, and thereafter draw additional penalties.

If the appeal is filed by the Income Tax Department, it is 50% of the disputed amount that the person will have to pay.

Advantages of the Scheme:

Applying the Direct Tax Vivad se Vishwas Scheme, 2024 can significantly reduce your tax liability and help resolve pending tax issues effectively.

"According to experts- Ashish Chorasia, Taxation Head, S.K. Dhanania & Co. this is to be availed by individuals whose income is less than Rs 50 Lakhs with not much variation in the assessed income. This will have lower liabilities for eligible taxpayers under DTVSV 2024 compared to E-DRS."

Important Considerations

Amount paid under the scheme No refund Any amount paid under the scheme is non-refundable. However, if an excess payment has been made before filing Form 1, the excess amount (without interest) will be refunded. Appeals The following are not eligible for this scheme:

Search assessments
Cases wherein undeclared income/asset is abroad, or
Prosecution has started.

In the case that a statement was found to be false then, the declaration shall become invalid.

Conclusion: Why Opt for the Vivad se Vishwas Scheme, 2024 to Resolve Tax Disputes?

The Direct Tax Vivad se Vishwas Scheme, 2024 offers taxpayers a chance to resolve tax disputes at a lower cost. The Vivad se Vishwas Scheme resolves tax matters, offering relief from litigation, financial burdens, and providing peace of mind. Book My Accountant encourages eligible taxpayers to look into this opportunity and realize its benefits.

For more information and to schedule assistance in filing under the Direct Tax Vivad se Vishwas Scheme, 2024, call Book My Accountant today. Our experts will be here to guide you through the process and help you reach a smooth resolution of your tax disputes.

Disclaimer

This document is general information and is not intended to be advice or legal opinion on any matter. Readers should seek appropriate professional advice before acting on the basis of any information contained herein.

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Direct Tax Vivad se Vishwas Scheme, 2024

The Income Tax Assessee can file appeals before the higher authorities in case disputed assessment orders. The department is also empowered to file an appeal in case the assessee gets relief in the case. The appeal can be filed at various levels, including Joint Commissioner, Commissioner of Income Tax (Appeals), Income Tax Appellate Tribunal, High Courts, and Supreme Court. Pending litigations are rising due to more cases being appealed and fewer cases being disposed of. The successful 2020 Direct Tax Vivad se Viswas will be followed by the 2024 scheme to reduce litigations further. The scheme though announced yet to come in force on a date to be notified by the Central Govt. The starting and end date of the scheme shall be announced very soon.

Direct Tax Vivad se Vishwas Scheme Key points

Main Objective

The main objective of the scheme to resolve the pending income tax disputes by depositing a portion of the disputed tax, interest and penalties. The aim is to provide immediate relief to the taxpayers vide the speeding up the resolution process for pending disputes before various tax appellate forums

Eligibility

As of July 22, 2024, all pending disputes/appeals are before Supreme Court, High Court, ITAT, Commissioner (Appeals), or DRP. Except a few exclusions, the scheme covers disputes/appeals filed by any of the taxpayer and/or tax authorities.

Application

The eligible taxpayers may file a declaration in the prescribed form with the designated authority. The designated authority shall determine the tax arrears and issue a certificate stating the tax arrears payable within 15 days. The taxpayer is required to deposit the arrear payable within 15 days from the date of receipt of such certificate.

Arrear Payment

In the previous Direct tax VSV Scheme, taxpayers were required to pay a percentage of the disputed tax, but received full waivers on penalties and interest. The amount payable depends on the timing of the settlement and the type of dispute. If the scheme is opted on or before 31.12.2024, only 100% of the disputed tax will be in question. Persons will be charged a little more in disputed tax if they opt for the scheme after December 31, 2024 but before its closure.

In case the dispute is about Interest, Penalty or Fee i.e. non tax disputes, only 25% of such non tax arrear is payable if the scheme is opted on or before 313.12.2024 and 30% if after 31.03.2024.

Immunity and Settlement

Under this scheme, the taxpayer is granted immunity from further prosecution, penalties, and interest for resolving disputes. After filing the declaration and making the payment, the appellants before relevant forums (such as High Courts or ITAT) will withdraw their pending appeals.

Exclusions

As we have discussed earlier, some of the litigations are not eligible under VsV 2024 like cases involving search and seizure operations, where prosecution under any law has been initiated, undisclosed foreign income or assets and cases received in DTAA.

Conclusion

The Direct Tax Vivad se Vishwas Scheme 2024 improves upon the previous VSV Scheme by efficiently resolving tax disputes cost-effectively. It waives interest and penalties and avoid further litigation.

The government will soon announce closure dates for the scheme, along with notifications and clarifications, to maximize benefits for taxpayers.

Disclaimer:

This document is general information and is not intended to be advice or legal opinion on any matter. Readers should seek appropriate professional advice before acting on the basis of any information contained herein.