CBDT notifies NBFCs u/s 43D related to taxation of interest on bad or doubtful debts

CBDT notifies non-banking financial companies for the purpose of section 43D related to taxation of interest on bad or doubtful debts 

Section 43D of the of the Income Tax Act, 1961 (the Act) provides for the taxation of the interest income in relation to bad or doubtful debts in case of public financial institution, banks, public company etc.

It provides that such interest shall be chargeable to tax in the previous year in which it is credited to the profit and loss account or, as the case may be, in which it is actually received whichever is earlier. Rule 6EA further prescribes the categories of the bad and doubtful debts to which the provisions of section 43D shall apply.

The Central Government/CBDT vide Notification No. 79/2023 dated 22.09.2023 has notified the following classes of non-banking financial companies (NBFCs), for the purpose of section 43D, namely:–

(a) all NBFCs classified in the Top Layer;

(b) all NBFCs classified in the Upper Layer;

(c) all NBFCs classified in the Middle Layer.

Explanation.–The classification of NBFCs in the Top Layer, Upper Layer and Middle Layer shall be according to the Reserve Bank of India’s guidelines contained in Circular DOR.CRE.REC.No.60/03.10.001/2021-22 dated October 22, 2021.

• FCRA specifies list of 105 purposes to be selected for which registration is applied
• Withholding tax u/s 40(a)(i) not required on cost-to-cost reimbursement made to parent company
• Temporarily blocking public access to Telegram App not disproportionate – Delhi High Court
• High Court explains the meaning of term ‘enterprise’ appearing in section 80IA
• Addition deleted as assessee was only a carrier of cash not owner who came up to own it