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Supreme Court Dismisses MSME Plea Against 45-Day Credit Extension Rule

Updated: May 06, 2024 06:03:49pm
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Supreme Court Dismisses MSME Plea Against 45-Day Credit Extension Rule

New Delhi, May 6 (KNN) The Supreme Court on Monday declined to hear a challenge by micro, small and medium enterprises (MSMEs) against Section 43B(h) of the Income Tax Act rule that restricts them from extending credit to buyers beyond 45 days.

The rule aims to regulate credit practices in the MSME sector and ensure timely payments to address working capital issues these businesses often face.

Under the provision, if an MSME registered under the MSMED Act of 2006 allows a credit period of over 45 days to a buyer when selling goods or services, it faces penalties. 

Some MSME groups had petitioned the Supreme Court, arguing the rule could lead larger buyers to avoid registered small suppliers and instead purchase from unregistered enterprises to bypass the 45-day limit.

However, the Supreme Court declined to admit the petition challenging Section 43B(h), keeping the tax provision in force.

The government has aimed the 45-day credit limit at improving MSME working capital by discouraging delays in payments from buyers. But some businesses argue it is an excessive regulatory restriction.

(KNN Bureau)

COMMENTS

  1. Sharad jejani
    Sharad jejani 12/05/2024 7:08 PM

    Sir. Hon'ble District Court in Appeal maintain order first class Magistrate Court to refund excess received property tax from MSME industries. Hence MSME issue debit notes to Nagar Parishad as per MSME Delayed Payments act for recovery refund excess paid Property tax rs 60 lacs in the year 2010.

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  2. Kishore jain
    Kishore jain 12/05/2024 3:37 PM

    It's none of the Government's business, to regulate payments between two entities. It is a mutual trust & respect developed over years of relationship. It is entirely a decision between a supplier & a trader or a manufacturer. This rule not only creates rift between the two but also destroyes the basic fibre of the trust between the two.

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  3. MSR
    MSR 08/05/2024 10:28 PM

    MSME is draconian . It's a Govt.'s novel way to pickpocket small and medium Traders and mars the mutual relationship and trust among Traders. MSME should be a tool to augment growth of business in a recessionary economy of the world. The Govt. acts like a monkey which as we have heard since our childhood days, eats up the whole loaf from between the two cats working for their share of loaf in their inimitable style. In any business, relationship of lovliest kind between two Traders is important. A transaction happens by mutually convincing each other (buyer and seller). Money comes second . Govt. only smells money. Here through the tool of MSME acts like a monkey who wants to have its share of money which actually bounds to happen to it with existing laws of land. In a way Govt. discourages Traders to become member of MSME. Outstanding payment is the job of buyer and seller. It's not Govt 's job. Why a buyer (creditor) should be penalised by Govt.s department which asks creditor to pay 30% tax on any outstanding amount stipulated by the time (in this case of MSME 45 days) to be paid which is refundable after a year when payments are done between buyer and seller . This actually in turn does harm to the buyer's payability when he will find again shortage of funds to pay back to seller. Here Govt. after taking away the loaf wants buyer to come to his aid by insinuating him to arrange for loans from Govt.s lending Agencies which will yield again income to the GOVT. Thus Govt. ensure its gains at the cost of business between Traders. Actually MSME registration acts as a deterrent for businesses to grow in this highly volatile market. Thus MSME stands for May Medium And Small Eject . Well 8 crores medium and small Enterprise may have no option but to down their shutters or conform to the hefty taxation. Well Traders, ball is in your court.

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  4. Pc
    Pc 08/05/2024 1:23 PM

    Its 3 times the bank rate declared by rbi, for effective implementation you have to approach msme faciliation council. But thei comissioners are also biased. At one end the big buyers enforce LD as part of their contract but dont want to pay interest on their delayed payment

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  5. Kannan
    Kannan 08/05/2024 10:47 AM

    Most of the supplier sealed MSME standard, But buyer's was not committed to honar that 45 days payment normes... It's will be affected MSME suppliers again payment lack of this normal ways.

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  6. Ashok Saigal
    Ashok Saigal 08/05/2024 10:42 AM

    It should be noted that the pleas was by a Vyapaar Mandal, and not manufacturers. Manufacturing MSMEs seem to be happier with it. Large Corporations also have not called for its repeal.

    Reply to this comment
  7. 08/05/2024 6:35 AM

    We welcome the rule if it is applied to everyone equally but it is not. It just pushes small vendors to pay the manufacturers while the payment to me made to the trader is not covered under the rule

    Reply to this comment
  8. S v mohindra
    S v mohindra 07/05/2024 4:05 PM

    Scheme is very good,instead of paying tax the buyers shall pay dues but if intrest is paid along with delayed payment it was better

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  9. S v mohindra
    S v mohindra 07/05/2024 4:00 PM

    Scheme is very good,instead of paying tax the buyers shall pay dues but if intrest is paid along with delayed payment it was better

    Reply to this comment
  10. SPGLS
    SPGLS 07/05/2024 3:26 PM

    The act is made to support MSME but what happens to the Government run agencies who pay in 90 to 180 days. Some states have piled up outstandings of more than 200 Cr to vendors. Will they corrects themselves. Can we expect them to pay in 45 days. Maximum no. of Govt departments have no respect to payment norms. Then as an SME we are under pressure from both ends. We r forced to pay in 45 days while our buyers from Sarkar pays when they have budgets running to huge interest loss for us.

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  11. 07/05/2024 2:50 PM

    This act will help MSME realise their payment within 45 days if every one follows it

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  12. KUMAR RAMANI
    KUMAR RAMANI 07/05/2024 2:38 PM

    IT IS NOT FAIR. TIME TO BE EXTENDED FOR IMPLAMENT. ALL OF A SUDDEN IMPLAMENTION WILL WORST THE SITUATION OF ALL GROUPS LIKE MFGR, TRADER, RETAILER. A TRADER WILL PAY FROM WHERE WHEN HE DOES NOT GET FROM THE RETAILERS. & RETAILERS WILL PAY FROM WHERE WHEN HIS STOCK IS NOT SOLD.SO IN MY OPINION IT SHOULD BE DELAYED TILL WHOLE PROCESS IS STREAMLINED PROPERLY BETWEEN THE ALL PARTIES.

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  13. VijayaKumarGupta Kopuri
    VijayaKumarGupta Kopuri 07/05/2024 11:57 AM

    This 43b(h) is the First ever EFFECTIVE deterrent to Buyers trying to use the Vendor as their Working Capital Source. Now No Buyer can Afford to delay the payments to MSE's. but there is still Need for elaboration of the INTEREST accrued to delayed payments: 1. is it enough to pay the dues by 31 March with a delay of 10-12 months to escape from this clause? 2. INTEREST on delayed PAYMENT - is it MANDATORY for such Interest to be paid? 3. Is such Rate of Interest to be calculated @3x the RBI rate ? - Vijayakumar Gupta K - served as President of ELCINA/TELMA/ ELIAP/ AIAVIF

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