Penalty 234 A B C when it is applicable
This query is : Resolved
22 August 2024
Dear Experts
Can you please help me to know when these penalties are applicable 234 A, B, and C
Thank You
Vijith T K
Can you please help me to know when these penalties are applicable 234 A, B, and C
Thank You
Vijith T K
23 August 2024
Section 234A – Interest for default in furnishing return of Income
(A) Where the return of income for any Assessment year is furnished after the due date specified in section 139(1) or is not furnished the assessee shall be liable to pay simple Interest @ 1% for every month or part of a month. Section 139(1) specifies due dates for filing voluntary returns of a company, a person (other than a company), or any other assessee.
(B) The interest shall be payable for the period commencing from the date immediately following the due date and – (1) Where the return is furnished after due date, ending on the date of furnishing the return; or (2) Where no return has been furnished, ending on the date of completion of Assessment u/s 144. (Best Judge Assessment)
(C) The Interest shall be calculated on amount of tax on total income as determined u/s 143(1) or on regular assessment as reduced by the advance tax pain and any tax deducted or collected at source and relief from double taxation u/s 90, 90A or deduction from double taxation u/s 91 and amount of MAT credit allowed to be set off u/s 115JAA.
(A) Where the return of income for any Assessment year is furnished after the due date specified in section 139(1) or is not furnished the assessee shall be liable to pay simple Interest @ 1% for every month or part of a month. Section 139(1) specifies due dates for filing voluntary returns of a company, a person (other than a company), or any other assessee.
(B) The interest shall be payable for the period commencing from the date immediately following the due date and – (1) Where the return is furnished after due date, ending on the date of furnishing the return; or (2) Where no return has been furnished, ending on the date of completion of Assessment u/s 144. (Best Judge Assessment)
(C) The Interest shall be calculated on amount of tax on total income as determined u/s 143(1) or on regular assessment as reduced by the advance tax pain and any tax deducted or collected at source and relief from double taxation u/s 90, 90A or deduction from double taxation u/s 91 and amount of MAT credit allowed to be set off u/s 115JAA.
23 August 2024
Section 234B – Interest for defaults in payment of Advance tax
(A) Where in any financial year, an assessee who is liable to pay advance tax u/s. 208 has failed to pay such tax or the advance tax paid by such assessee is less than 90% of the assessed tax, the assessee shall be liable to pay simple interest @ 1% for every month or part of a month.
(B) The period for which interest is payable would be the period from the first day of April next following such financial year to the date of determination of total income u/s. 143(1). However, if regular assessment u/s. 143(3) is completed, then interest is chargeable up to the date of regular assessment.
(C) The amount on which interest shall be calculated shall be the amount equal to the assessed tax or on the amount by which the advance tax paid falls short of the assessed tax.
(A) Where in any financial year, an assessee who is liable to pay advance tax u/s. 208 has failed to pay such tax or the advance tax paid by such assessee is less than 90% of the assessed tax, the assessee shall be liable to pay simple interest @ 1% for every month or part of a month.
(B) The period for which interest is payable would be the period from the first day of April next following such financial year to the date of determination of total income u/s. 143(1). However, if regular assessment u/s. 143(3) is completed, then interest is chargeable up to the date of regular assessment.
(C) The amount on which interest shall be calculated shall be the amount equal to the assessed tax or on the amount by which the advance tax paid falls short of the assessed tax.
23 August 2024
Section 234C – Interest for deferment of Advance tax
(A) In the case of All assesses calculation of interest u/s. 234C shall be as follows: Where the advance tax paid by the company on its current income on or before 15th June, 15th September, 15th December is less than 15%, 45% and 75% respectively on the returned income, then the company shall be liable to pay simple interest at the rate of 1% per month for a period of three months on the amount of the shortfall.
(B) Where the whole amount of advance tax paid by any assessee on or before 15th March is less than the tax due on the income returned then the assessee shall be liable to pay simple interest @ 1% on the amount of shortfall from the tax due on the returned income. This applies to companies as well as to other assessee.
(C) An assessee who declares profits and gains in accordance with the provisions of section 44AD or section 44ADA, as the case may be, who is liable to pay advance tax under section 208 has failed to pay such tax or the advance tax paid by the assessee on its current income on or before the 15th day of March is less than the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one per cent on the amount of the shortfall from the tax due on the returned income.
(C1) Where the whole amount of advance tax paid by any assessee on or before 15th March is less than the tax due on the income returned then the assessee shall be liable to pay simple interest @ 1% on the amount of shortfall from the tax due on the returned income. This applies to companies as well as to other assessee.
(D) If the shortfall in the payment of the tax due on the returned income is on account of underestimation or failure to estimate –
(1) Capital gains
(2) Winnings from lotteries, crossword puzzles, races (including horse races), card games and any other activity in the nature of gambling, betting etc. or
(3) income under the head “Profits and gains of business or profession” in cases where the income accrues or arises under the said head for the first time; or
(4) income of the nature referred to in sub-section (1) of section 115BBDA,
and if the assessee has paid the amount of tax payable in respect of the above mentioned income as part of the remaining installments of advance tax which are due or where no such installments are due, by the 31st March of the financial year, no interest shall be leviable in respect of such shortfall.
(E) “Tax due on the returned income” means the tax chargeable on the total income declared in the return of income furnished by the assessee for the assessment year commencing on the 1st day of April immediately following the financial year in which the advance tax is paid or payable as reduced by the following items:
The amount of tax deductible or collectible at source on any income which is subject to such deduction or collection and which is taken into account in computing such total income,
Any relief of tax allowed under section 89;
Any relief of tax allowed under section 90 on account of tax paid in a country outside India;
Any relief of tax allowed under section 90A on account of tax paid in a specified territory outside India referred to in that section;
Any deduction, from the Indian income-tax payable, allowed under section 91, on account of tax paid in a country outside India; and
Any tax credit allowed to be set off in accordance with the provisions of section 115JAA or section 115JD.
(A) In the case of All assesses calculation of interest u/s. 234C shall be as follows: Where the advance tax paid by the company on its current income on or before 15th June, 15th September, 15th December is less than 15%, 45% and 75% respectively on the returned income, then the company shall be liable to pay simple interest at the rate of 1% per month for a period of three months on the amount of the shortfall.
(B) Where the whole amount of advance tax paid by any assessee on or before 15th March is less than the tax due on the income returned then the assessee shall be liable to pay simple interest @ 1% on the amount of shortfall from the tax due on the returned income. This applies to companies as well as to other assessee.
(C) An assessee who declares profits and gains in accordance with the provisions of section 44AD or section 44ADA, as the case may be, who is liable to pay advance tax under section 208 has failed to pay such tax or the advance tax paid by the assessee on its current income on or before the 15th day of March is less than the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one per cent on the amount of the shortfall from the tax due on the returned income.
(C1) Where the whole amount of advance tax paid by any assessee on or before 15th March is less than the tax due on the income returned then the assessee shall be liable to pay simple interest @ 1% on the amount of shortfall from the tax due on the returned income. This applies to companies as well as to other assessee.
(D) If the shortfall in the payment of the tax due on the returned income is on account of underestimation or failure to estimate –
(1) Capital gains
(2) Winnings from lotteries, crossword puzzles, races (including horse races), card games and any other activity in the nature of gambling, betting etc. or
(3) income under the head “Profits and gains of business or profession” in cases where the income accrues or arises under the said head for the first time; or
(4) income of the nature referred to in sub-section (1) of section 115BBDA,
and if the assessee has paid the amount of tax payable in respect of the above mentioned income as part of the remaining installments of advance tax which are due or where no such installments are due, by the 31st March of the financial year, no interest shall be leviable in respect of such shortfall.
(E) “Tax due on the returned income” means the tax chargeable on the total income declared in the return of income furnished by the assessee for the assessment year commencing on the 1st day of April immediately following the financial year in which the advance tax is paid or payable as reduced by the following items:
The amount of tax deductible or collectible at source on any income which is subject to such deduction or collection and which is taken into account in computing such total income,
Any relief of tax allowed under section 89;
Any relief of tax allowed under section 90 on account of tax paid in a country outside India;
Any relief of tax allowed under section 90A on account of tax paid in a specified territory outside India referred to in that section;
Any deduction, from the Indian income-tax payable, allowed under section 91, on account of tax paid in a country outside India; and
Any tax credit allowed to be set off in accordance with the provisions of section 115JAA or section 115JD.
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