What is MSME Delayed Payment Interest Under Section 16?
Under Section 15 of the MSMED Act, 2006, buyers must make payments to Micro and Small enterprise suppliers within the agreed time, not exceeding 45 days from acceptance. If no written contract exists, payment is due within 15 days.
If payment is delayed, Section 16 mandates compound interest at three times the RBI Bank Rate. This interest compiles on a monthly rest basis. As of December 2025, with the RBI Bank Rate set at 5.55%, the statutory compound interest rate is 16.65% p.a.
Section 43B(h) — Why Delayed MSME Payments Also Hit Your Tax Deduction
Beginning in Assessment Year (AY) 2024-25, any outstanding payable to Micro or Small enterprise suppliers exceeding the 15/45-day deadline is disallowed as a business expense deduction under Section 43B(h) of the Income Tax Act, 1961.
The buyer is hit twice: first by the mandatory interest liability under the MSMED Act, and second by a higher income tax liability due to the disallowance of the principal amount as an expense.
What is Form MSME-1 and Who Must File It?
Form MSME-1 is a half-yearly return filed by specified companies that have outstanding dues exceeding 45 days to Micro and Small Enterprise suppliers. Specified companies are Pvt Ltd, Public Ltd, OPC, and Section 8 companies that meet these criteria. Note that Medium Enterprises are excluded from this reporting.
Penalty for Not Filing Form MSME-1
Under Section 405(4) of the Companies Act, 2013, failure to file MSME-1 carries an adjudication penalty starting at ₹20,000, with a continuing default penalty of ₹1,000 per day. The penalty is capped at ₹3,00,000 each for the company and officers in default. Small companies and OPCs receive a 50% penalty reduction under Section 446B.