Wednesday, 22 September 2021

Interest for default in payment of Advance Tax [Section 234B]

 


·      Section 234B provides for levy of interest for default in payment of advance tax. Interest under section 234B is levied in the following two cases:

*      When the taxpayer has failed to pay advance tax though he is liable to pay advance tax; or

*      Where the advance tax paid by the taxpayer is less than 90% of the assessed tax.

·      As per Section 208 of the Act, advance tax shall be payable by the taxpayer during the financial year if the estimated tax liability of assessee during that year is ten thousand rupees or more.

·      Under section 234B, interest for default in payment of advance tax is levied at 1% per month or part of a month. The nature of interest is simple interest.

·      Interest under section 234B is levied on the amount of unpaid advance tax. If there is a shortfall in payment of advance tax, then interest is levied on the amount by which advance tax is short paid.

·      Interest under section 234B is levied from the first day of the assessment year, i.e., from 1st April till the date of determination of income under section 143(1) or when a regular assessment is made, then till the date of such a regular assessment.

·      In a case where the income is increased on account of assessment/re- computation, interest under section 234B will be levied on the differential amount from the first day of the assessment year till the date of assessment/re- computation.

·      In a case where and application is made to Settlement Commission, interest under section 234B will be levied on the differential amount from the first day of the assessment year till the date of making the application.

·      Further, if the income as declared in the application is increased by the Settlement Commission, interest under section 234B will be levied on the differential amount from the first day of the assessment year till the date of such order.

·      If as a result of rectification order of the Settlement Commission, income is increased/decreased, interest will also be increased/decreased accordingly.

·      If the taxpayer has paid any tax before completion of assessment, then interest will be levied as follows:

*      Upto the date of payment of self-assessment tax, interest will be computed on the amount of unpaid advance tax.

*      From the date of payment of self-assessment tax, interest will be levied on the unpaid amount of advance tax after deducting the self-assessment tax paid by the taxpayer.

 

·      Mr A is a businessman. His tax liability as determined under section 143(1) is Rs. 28,400. He has not paid any advance tax but there is a TDS credit of Rs. 10,000 in his account. He has paid the balance tax on 31st July i.e. at the time of filing the return of income. Will he be liable to pay interest under section 234B, if yes, then how much?

 

     In this case, the tax liability (after allowing credit of TDS) of Mr A comes to Rs. 18,400 (i.e. Rs. 28,400 – Rs. 10,000) which exceeds Rs. 10,000 and hence, he will be liable to pay advance tax. He has not paid any advance tax and hence, he will be liable to pay interest under section 234B. Interest under section 234B will be levied at 1% per month or part of the month. In this case, Mr A has paid the outstanding tax on 31st July and hence, interest under section 234B will be levied for the period from 1st April to 31st July i.e. for 4 months. Interest will be levied on unpaid tax liability of Rs. 18,400. Interest at 1% per month on Rs. 18,400 for 4 months will come to Rs. 736.

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