Glossary

Recovering dues before 31 March: how buyers' 43B(h) pressure helps MSME suppliers

From January to March, finance teams at large buyers clean up their books. For a micro or small supplier that is the best season of the year to be paid, because every MSE invoice still unpaid past its due date on 31 March costs the buyer its tax deduction. This page shows how to use that, step by step.

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Short answer

If you are a Udyam-registered micro or small manufacturer or service provider, any buyer that has not paid you within the MSMED Act limit (agreed term up to 45 days, or 15 days without an agreement) loses the deduction for that expense for tax year 2026-27 under Section 37(2)(g) of the Income-tax Act, 2025, the successor of Section 43B(h). Send a ledger statement and a polite reminder that names the rule in February, follow up in early March, and escalate with a legal notice that adds statutory interest if there is no payment by mid-March.

Why March is the month

Three rules meet at the financial year-end. The buyer's income-tax deduction for your invoice depends on paying within your Section 15 due date. A company buyer must list MSE dues beyond 45 days in its MSME Form 1 for October to March, due 30 April. And its auditors check the Section 22 note of MSE dues in the accounts. None of these needs your contract to mention them; they apply because you are a registered micro or small enterprise.

The buyer cannot cure an overdue invoice by paying in April. Section 37(3) of the Income-tax Act, 2025 lets other expenses be saved by payment before the return due date, but expressly not MSE dues. That is the pressure point.

A February to March timeline

WhenWhat to sendWhat it says
First week of FebruaryLedger statement and balance confirmation requestOutstanding invoices with acceptance dates and Section 15 due dates
Mid-FebruaryReminder to the finance head, not just purchaseThe deduction for these invoices depends on payment within the MSMED Act limit
First week of MarchSecond reminder with the interest figureInterest under Section 16 at three times the bank rate is accruing monthly
Mid-MarchLegal notice from an advocatePay principal and interest within 7 to 15 days or the claim goes to the Facilitation Council
After 31 MarchFile on the MSME ODR portal if unpaidThe Council decides; the buyer must deposit 75% to challenge an award

Keep the tone factual. A line such as "As you close your books for tax year 2026-27, please note these invoices are from a small enterprise registered under the MSMED Act (Udyam number attached); payment within the Section 15 time limit keeps your deduction under Section 37(2)(g)" is accurate and lands with a CFO. A payment reminder letter format and an MSMED Act notice format are ready to copy.

Worked example (hypothetical)

A small enterprise in Faridabad supplies castings to a listed auto-parts company. Two invoices are open in February 2027:

  • ₹8,00,000, accepted 10 December 2026, PO term 60 days. The Section 15 due date is 24 January 2027 (45 days). It is already overdue. Unless paid, the buyer loses this deduction for 2026-27, roughly ₹2,00,000 of tax at an assumed 25% rate.
  • ₹5,00,000, accepted 10 February 2027, PO term 60 days. Due date 27 March 2027 (45 days). Paid by then, the buyer keeps the deduction; paid on 5 April, it does not.

The supplier sends a statement on 2 February, a reminder on 16 February naming both due dates, and a second reminder on 3 March with the interest on the first invoice. Assuming a bank rate of 6.5% (19.5% a year, 1.625% a month compounded), interest on ₹8,00,000 for two months is about ₹26,200. The buyer pays both invoices on 20 March. The supplier can still claim the interest; many settle for the principal on time and waive it, which is a commercial choice. Use the MSME interest calculator for your own figures.

When it does not work

  • You are a trader or a medium enterprise: the rule does not cover your invoices. Use ordinary reminders, a legal notice and the limitation clock instead.
  • Registration after the supply: invoices from before your Udyam date are generally outside the MSMED Act.
  • Genuine quality dispute: settle the dispute in writing first; the rule assumes acceptance.
  • Loss-making buyer: a buyer with no taxable profit feels little tax pain; lean on interest, MSME-1 and the Council.

FundRaksha has helped 700+ businesses get paid, and about 60% of its cases settle before court, often at exactly this point in the year. A free consultation tells you which invoices qualify.

Sources

Last reviewed: 2026-10-21. Information for Indian businesses; not legal advice.

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मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

The tax argument has little force with a government buyer, but the MSMED Act interest and the Facilitation Council route apply to government and PSU buyers too.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.