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What is the meaning of Certain deductions to be only on actual payment? Section 43B of Income Tax Act 1961

Certain deductions to be only on actual payment is defined under section 43B of Income Tax Act 1961. Provisions under this section is:

Section 43B of Income Tax Act "Certain deductions to be only on actual payment"

43B. Notwithstanding anything contained in any other provision of this Act, a deduction otherwise allowable under this Act in respect of-

(a) any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called, under any law for the time being in force, or
(b) any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of employees, or

(c) any sum referred to in clause (ii) of sub-section (1) of section 36, or

(d) any sum payable by the assessee as interest on any loan or borrowing from any public financial institution or a State financial corporation or a State industrial investment corporation, in accordance with the terms and conditions of the agreement governing such loan or borrowing, or

(e) any sum payable by the assessee as interest on any loan or advances from a scheduled bank in accordance with the terms and conditions of the agreement governing such loan or advances, or

(f) any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee, shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him :

 

Provided that nothing contained in this section shall apply in relation to any sum which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year in which the liability to pay such sum was incurred as aforesaid and the evidence of such payment is furnished by the assessee along with such return.

Explanation1.-For the removal of doubts, it is hereby declared that where a deduction in respect of any sum referred to in clause (a) or clause (b) of this section is allowed in computing the income referred to in section 28 of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 1983, or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any deduction under this section in respect of such sum in computing the income of the previous year in which the sum is actually paid by him.

Explanation 2.-For the purposes of clause (a), as in force at all material times, "any sum payable" means a sum for which the assessee incurred liability in the previous year even though such sum might not have been payable within that year under the relevant law.

Explanation 3.-For the removal of doubts it is hereby declared that where a deduction in respect of any sum referred to in clause (c) or clause (d) of this section is allowed in computing the income referred to in section 28* of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any deduction under this section in respect of such sum in computing the income of the previous year in which the sum is actually paid by him.

Explanation 3A.-For the removal of doubts, it is hereby declared that where a deduction in respect of any sum referred to in clause (e) of this section is allowed in computing the income referred to in section 28 of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 1996, or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any deduction under this section in respect of such sum in computing the income of the previous year in which the sum is actually paid by him.

Explanation 3B.-For the removal of doubts, it is hereby declared that where a deduction in respect of any sum referred to in clause (f) of this section is allowed in computing the income, referred to in section 28, of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 2001, or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any deduction under this section in respect of such sum in computing the income of the previous year in which the sum is actually paid by him.

Explanation 3C.-For the removal of doubts, it is hereby declared that a deduction of any sum, being interest payable under clause (d) of this section, shall be allowed if such interest has been actually paid and any interest referred to in that clause which has been converted into a loan or borrowing shall not be deemed to have been actually paid.

Explanation 3D.-For the removal of doubts, it is hereby declared that a deduction of any sum, being interest payable under clause (e) of this section, shall be allowed if such interest has been actually paid and any interest referred to in that clause which has been converted into a loan or advance shall not be deemed to have been actually paid.

Explanation 4.-For the purposes of this section,-
(a) "public financial institutions" shall have the meaning assigned to it in section 4A of the Companies Act, 1956 (1 of 1956);
(aa) "scheduled bank" shall have the meaning assigned to it in the Explanation to clause (iii) of sub-section (5) of section 11;
(b) "State financial corporation" means a financial corporation established under section 3 or section 3A or an institution notified under section 46 of the State Financial Corporations Act, 1951 (63 of 1951);
(c) "State industrial investment corporation" means a Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), engaged in the business of providing long-term finance for industrial projects and eligible for deduction under clause (viii) of sub-section (1) of section 36.

   
 

Income Tax Act 1961

What are Other deductions? General, What is Building, etc., partly used for business, etc., or not exclusively so used? Section 36, 37 and 38 of Income Tax Act 1961

What are Amounts not deductible? Section 40 of Income Tax Act 1961

What are Expenses or payments not deductible in certain circumstances? Section 40A of Income Tax Act 1961

What are Profits chargeable to tax? Section 41 of Income Tax Act 1961

What are Special provision for deductions in the case of business for prospecting, etc., for mineral oil? Section 42 of Income Tax Act 1961

What are Definitions of certain terms relevant to income from profits and gains of business or profession? Section 43 of Income Tax Act 1961

What are Special provisions consequential to changes in rate of exchange of currency? Section 43A of Income Tax Act 1961

What is the meaning of Certain deductions to be only on actual payment? Section 43B of Income Tax Act 1961

What is  Special provision for computation of cost of acquisition of certain assets? Section 43C of Income Tax Act 1961

What is  Special provision for full value of consideration for transfer of assets other than capital assets in certain cases? Section 43CA of Income Tax Act 1961

What is  Special provision in case of income of public financial institutions, public companies, etc.? Section 43D of Income Tax Act 1961

What is Insurance business Special provision for deduction in the case of trade, professional or similar association? Section 44 and 44A of Income Tax Act 1961

What is Maintenance of accounts by certain persons carrying on profession or business? Section 44AA of Income Tax Act 1961

What is the provision regarding Audit of accounts of certain persons carrying on business or profession? Section 44AB of Income Tax Act 1961

What is Special provision for computing profits and gains of business on presumptive basis? Section 44AD of Income Tax Act 1961

What is Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages? Section 44AE of Income Tax Act 1961

What is Special provisions for computing profits and gains of retail business? Section 44AF of Income Tax Act 1961

 

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