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Business · effective 1 April 2026

Section 43B under the
Income-tax Act, 2025

Certain deductions allowable only on actual payment

Income-tax Act, 1961
43B
Income-tax Act, 2025
37
ConfirmedTaken from the ICAI Direct Taxes Committee concordance and independently checked against the bare statutory text of the Income-tax Act, 2025.

Topic

Certain deductions allowable only on actual paymentBusiness provisions under the Income-tax Act, 2025 (Act 30 of 2025).

What carried over

The substance of this provision was not changed by the re-write. What moved is the citation.

Confusing collision to watch for: old s.37 (general deduction) becomes new s.34, while old s.43B becomes new s.37. The covered sums are listed at s.37(2)(a)-(g): taxes/duties/cess/fees, employer PF/superannuation/gratuity contributions, leave encashment, s.32(a) sums, interest to specified financial entities, Indian Railways dues, and MSME dues. The 'paid on or before the return due date' relief is s.37(3); interest-converted-to-loan rule s.37(4); no double deduction s.37(5); employee contributions excluded s.37(6); 'specified financial entities' defined s.37(7).

Source

ICAI concordance row '37 | Certain deductions allowed on actual payment basis only. | 43B'; verified against bare text of s.37(1)-(7).

Open the source document →

CBDT publishes its own correspondence utility on incometaxindia.gov.in and that is the authority. Spot-check anything high-stakes there before you rely on it.

Frequently asked

Why do 37 and 43B look like they swapped?

Because effectively they did. Old Section 37 (general deduction) becomes new Section 34, while old Section 43B (actual-payment deductions) becomes new Section 37. This is the single easiest citation to get wrong in the transition — say which Act you mean.

Still cite section 43B for
Income earned up to 31 March 2026 — that is FY 2025-26, Assessment Year 2026-27, governed by the Income-tax Act, 1961 even though you file it during 2026.
Cite 37 for
Income earned from 1 April 2026 — Tax Year 2026-27 onwards, governed by the Income-tax Act, 2025. Tax deducted on payments made on or after 1 April 2026 must be reported under the new section 393 table references and new challan/return codes. Quoting a legacy section such as 194C or 194J triggers validation failure.
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40(a)(ia) · 30% disallowance for failure to deduct/pay TDS on payments to residents
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43B(h) · MSME 45-day payment rule — disallowance of dues to micro/small enterprises
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This is a navigational aid for the 1961 → 2025 transition, not tax advice. It helps you find the right place in the new Act when you already know the old section. Confirm every citation against the bare Act and against CBDT's own correspondence utility before relying on it in a return, certificate, notice reply or opinion. The source text used here is the Act as passed, so any rate or threshold amended by the Finance Act, 2026 is not reflected; section numbers are unaffected.

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