Pharmacy business dealer msme provision applicable sec 43(b)

This query is : Open

(Querist)
Follow

01 February 2024 Sir,
A RTP maintained a pharmacy Stores turnover rs:1.50 crores yearly regular scheme in gst act.
Question:
Dealer purchase of medicines credit based payments msme provision sec 43(b) applicable.

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
Follow

02 February 2024 Sec 43B not applicable to traders

Message likes : 1 times

Kollipara Sundaraiah online

Kollipara Sundaraiah online

(Querist)
Follow

02 February 2024 repayment 45/15 provision applicable and creditors balance example as on dt:31-03-24 rs:10 lacs sec 43(b) provision applicable

Upgrade to CAclubindia Pro. Subscribe Now!

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
Follow

09 February 2024 Everything about Section 43B(h) Section 43B(h)-Payment based deduction for amount payable to micro and small enterprise 👉Applicable from AY 2024-25 onwards -Not Applicable for Transaction pertaining to on or before 31/03/2023 👉Due Date for Payments -15 Days from Date of Acceptance if No Written Agreement -45 Days from Date of Acceptance if Written Agreement is there 👉Applicable for Amount payable to micro and Small Enterprise (MSE) who are manufacturers or service providers -Not Applicable for amount payable to medium enterprises -Not Applicable for amount payable to unregistered MSEs -Not Applicable for amount payable to traders because their registration on UDYAM portal is for the purpose of priority sector lending only 👉Applicable for the amount payable for Goods & Services -Not Applicable for actionable claims and money -Not Applicable on Interest on Loans as it is not goods nor services -Not Applicable on Salary as it is not goods nor services -Not Applicable on Amount Payable for Capital Goods as it was not claimed as Expense 👉Definitions -Buyer means whoever buys any goods or receives any services from a supplier for consideration -Supplier means a micro or small enterprise, which has filed a memorandum with the authority referred to as u/s 8(1) -Manufacture means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use 👉Not Applicable for Buyer filing ITR u/s 44AD/44ADA/44AE (Presumptive Taxation) -These sections have overriding effect over section 28 to 43C, so section 43B(h) not applicable -If buyers turnover below 10 Crore and Cash transactions is below 5% then audit u/s 44AB is not applicable but Books of Accounts are required to be maintain, in such cases section 43B(h) is Applicable 👉If Amount payable to MSE is liable to TDS and that TDS is also not paid to government then dis-allowance will be u/s 43B(h) only and not under section 40(a)(ia) 👉If Amount payable to MSE is inclusive of GST then dis-allowance will be limited to the amount exclusive of GST because GST was never claimed as expenses so it can't be dis-allowed as expenses 👉Form 3CD for FY 23-24 are yet to be notified by Income Tax Department so what to be reported in Form 3CD will be known once the notification of Form 3CD by Departments