Udyam Registration & 45-Day Payment Rule: Section 43B(h) Guide

One of the most common problems MSMEs business owners often face is related to their cash flow. Having a good cash flow is very important for small businesses in India. However, the Indian Government comes with the 45-Day Payment Rule. This rule acts as a legal insurance policy against clients who don't clear their dues within time. In this blog I will walk you through what is the 45 day rule and how udyam registration protects your business from delayed payment.

Understanding the 15/45 Rule

The law (Section 15 of the MSMED Act) is very specific about when you should get paid. The deadline depends on whether you have a written agreement with your buyer:

Scenario

Maximum Credit Period

No Written Agreement

15 Days (from the date of delivery/acceptance)

Written Agreement Exists

Agreed Period, but cannot exceed 45 Days

Crucial Note: Even if your contract says "Payment in 90 days," the law overrides it. Any agreement for more than 45 days is legally void, and the 45-day limit still applies.

 


 

How Udyam Registration Protects You

Without a valid Udyam Registration, these protections are essentially invisible to you. Here’s how the registration transforms your business:

1. The "Income Tax" Pressure (Section 43B(h))

As of 2024-2026, the government has linked MSME payments to the buyer's tax benefits. If a buyer doesn't pay a registered Micro or Small enterprise within the 15/45-day window, they cannot claim that expense as a deduction in their income tax for that year. So because of that they buyer pays their dues within the given time to avoid higher taxes

2. Mandatory Penal Interest

If the payment is delayed, the buyer is legally obligated to pay you penal interest.

  • The Rate: 3 times the Bank Rate notified by the RBI (compounded monthly).

  • The Catch for Buyers: This interest is "non-deductible," meaning they can't even use this penalty payment to reduce their taxes.

3. Access to MSME Samadhaan (The "Recovery" Portal)

Registered businesses can file a complaint on the MSME Samadhaan portal.

  • Once filed, the case goes to the MSE Facilitation Council (MSEFC).

  • The Council has the power to act as an arbitrator and issue a binding order to the buyer to pay the principal plus interest.

 


 

3 Things to Mention on Every Invoice

To make this protection work, your invoices should be your first line of defense. Add these details:

  1. Your Udyam Registration Number.

  2. A "Delayed Payment" Clause: "Payment to be made within 45 days. Delayed payments attract penal interest at 3 times the RBI bank rate as per MSMED Act, 2006."

  3. MSME Category: State clearly if you are a "Micro" or "Small" enterprise.

If you already registered your business with Udyam Registration but misplaced your udyam certificate or forgot udyam number and want to recover your udyam certificate without complex navigation of the official Udyam Portal. Visit Udyog Register Portal and recover your certificate with expert guidance.

 

Conclusion: Don't Let Your Cash Flow Get Stuck

In India where liquidity and cash flow can make or break any business the 45-day payment rule is a lifeline for small businesses. If your business have an udyam registration the buyer is legally bound to clear their dues within the given time

By simply registering and mentioning your Udyam ID on your invoices, you gain:

·         Tax-backed leverage against late-paying buyers.

·         Mandatory penal interest that protects your margins.

·         Legal recourse through the MSME Samadhaan portal.

 

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