Meaning of “Actual payment”

The meaning of actual payment under section 43B of the Income Tax Act is not defined in the act itself. But we can take guidance from decisions by various high courts. Here are excerpts of courts orders in which the Hon’ble High Court tried to explain the meaning of actual payment.

meaning of actual payment

Meaning of actual payment defined by court

The phrase ‘actual payment’ used in section 43B of the Income Tax Act came up before hon’ble Jharkhand high court in CIT Vs. Shakti Spring Industries (p.) Ltd. [2013] 39 Taxmann.Com 19/219 taxman 124 (mag.) (Jharkhand) and it explained.

Meaning : For making ‘actual payment’ it is always not necessary that one should, if having a credit entry, also have a debit entry, then he should receive the ‘actual payment’ in cash or through cheque or demand draft in his bank account so as to take physical delivery of the currency and then deliver it again to the same creditor who is also debtor of the receiving person. So, ‘actual payment’ means ‘actual payment’ and not actual receipt and delivery of the currency by the two parties transacting when they are creditor and debtor both.

Section 43B of the Income Tax Act

Special provision in case of income of public financial institutions, public companies, etc.

43D. Notwithstanding anything to the contrary contained in any other provision of this Act,—

(a) in the case of a public financial institution or a scheduled bank or a co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank or a State financial corporation or a State industrial investment corporation 96[or a deposit taking non-banking financial company or a systemically important non-deposit taking non-banking financial company], the income by way of interest in relation to such categories of bad or doubtful debts as may be prescribed97 having regard to the guidelines issued by the Reserve Bank of India in relation to such debts;

(b) in the case of a public company, the income by way of interest in relation to such categories of bad or doubtful debts as may be prescribed98 having regard to the guidelines issued by the National Housing Bank in relation to such debts,

shall be chargeable to tax in the previous year in which it is credited by the public financial institution or the scheduled bank or a co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank or the State financial corporation or the State industrial investment corporation or 99[a deposit taking non-banking financial company or a systemically important non-deposit taking non-banking financial company or] the public company to its profit and loss account for that year or, as the case may be, in which it is actually received by that institution or bank or corporation or company, whichever is earlier.

Explanation.—For the purposes of this section,—

(a) “National Housing Bank” means the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987);

(b) “public company” means a company,—

(i) which is a public company within the meaning of section 31 of the Companies Act, 1956 (1 of 1956);

(ii) whose main object is carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes; and

(iii) which is registered in accordance with the Housing Finance Companies (NHB) Directions, 1989 given under section 30 and section 31 of the National Housing Bank Act, 1987 (53 of 1987);

(c) “public financial institution” shall have the meaning assigned to it in section 4A2 of the Companies Act, 1956 (1 of 1956);

(d) “scheduled bank” shall have the meaning assigned to it in clause (ii) of the Explanation to clause (viia) of sub-section (1) of section 36;

(e) “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);

(f) “State industrial investment corporation” means a Government company within the meaning of section 6173 of the Companies Act, 1956 (1 of 1956), engaged in the business of providing long-term finance for industrial projects;

(g) “co-operative bank”, “primary agricultural credit society” and “primary co-operative agricultural and rural development bank” shall have the meanings respectively assigned to them in the Explanation to sub-section (4) of section 80P;

4[(h) the expressions “deposit taking non-banking financial company”, “non-banking financial company” and “systemically important non-deposit taking non-banking financial company” shall have the meanings respectively assigned to them in clauses (e), (f) and (g) of Explanation 4 to section 43B.]

In this article, you can get guidance from high courts on the meaning of actual payment under section 43B of the Income Tax Act.

Updated up to Finance Act 2021

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