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Regarding Section 43B

C.A. Sandeep Wawhal (CA, PGDFM, BCom) (1831 Points)

27 September 2019

If return filing due date extends then can we claim expenses which are admissible on payment basis u/s 43B if paid after 30th Sept but before extended due date ?

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7 Replies

Kapadia Pravin (17259 Points)
Replied 27 September 2019

Note that under 43B due date means 30th Sept 2019 and not extended due date 31st Oct 2019

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Jatin (Accountant) (3479 Points)
Replied 27 September 2019

Last date is 31.10.2019

Kapadia Pravin (17259 Points)
Replied 27 September 2019

43B shall not apply to any sum which is actually paid by the assessee on or before the due date for furnishing the return of income under sub-section (1) of section 139

Extended date of filing return under 119 is to be ignored.

Jatin (Accountant) (3479 Points)
Replied 27 September 2019

You can claim all payments base expenses till extended date

Kapadia Pravin (17259 Points)
Replied 28 September 2019

43B -----
This provision states, notwithstanding anything contained in any other provision contained in this Act, a deduction otherwise allowable in this Act in respect of any sum payable by the assessee shall be allowed if it is paid on or before the due date as contemplated under Section 139(1) of the Income Tax Act.

So under 43B payment has to be made latest by 30.9.2019 being the due date (and not extended due date under section 119)

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Suresh Thiyagarajan (Student) (3986 Points)
Replied 28 September 2019

1. A valid point made by Mr. Pravin. Sec 43B takes only sec 139(1) due date and it does not take the extension of due date under sec 119.
2. So for the purpose of claiming deductions in case of expenses covered u/s 43B it should be paid before 30.09.2019 and not before the extension of due date u/s 119.
Please correct me if the above solution has an alternative view.

(Guest)

By the powers given u/s 119, CBDT can relax any provisions of section 139 in public interest.

Question: When this relaxation is given, whether this kind of change is applied to every reference of section 139 in other sections also?

Section 43B refers to section 139 as “due date applicable for furnishing the return of income under sub-section (1) of section 139”

One point of view could be: when this relaxation is given, section 139 will be read with relaxed provisions. E.g. due date will be interpreted as extended due date.

If this viewpoint is respected, for section 43B extended due date is considered.

If someone having reference of any case law about it, please state.