Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

Section 43b(h) vs Section 194Q of Income Tax Act, 1961

ajay taneja (27 Points)

04 May 2024

Reply
Follow
Share

2 Replies

ajay taneja (27 Points)
Replied 04 May 2024

When neither the buyer pays the outstanding
balance of micro and small enterprises and nor
they deduct the TDS under section 194Q of
Income Tax Act, 1961, then what will be the
proceedure of reporting of outstanding balance in Tax Audit Audit Report

In my opinion, for true and fair view purposes of
Tax Audit Report, 70% of outstanding balance is
to be shown under section 43b(h) and remaining30% to be shown under Section 40(a)(ia) of theIncome Tax Act,1961.

Waiting for suggestions, if you thinks that this is
not the right way

Upgrade to CAclubindia Pro. Subscribe Now!

Abhishek Arthur (50 Points)
Replied 06 May 2024

When the buyer has not paid the amount then there is no tds implications under 194Q as the time for deduction is at the time of payment

and when he makes the payment and not deducted tax then 40a(ia) gets attracted and 30% disallowance gets attracted for the buyer

Further 43b(h) where dues towards micro and small enterprises have passed the due date as per MSME Act then the entire amount is disallowed and will only be allowed in the year of payment. so 100% should be shown in the 3CD report

that is my opinion

1 Like