Ramesh (SVP) (49 Points)
27 November 2024The advance tax to be paid in June, srp, Dec and Mar is 5%,45%, 75% and 100% of tax due respectively.
if I make a gain of 5Lajs due to sake of equity or debt say in Nov of the year of tax payment, which I was not aware of it in June or Sep. so advance tax paid then was lower than the required proportion. So will I incur penalty and interest for this shortfall in the advance tax paid.
How is the penalty and interest calculated ?
Rama chary Rachakonda
(Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294)
(5694 Points)
Replied 27 November 2024
2. *Interest*: Interest is levied under Section 234B of the Income Tax Act.
To calculate the penalty and interest, follow these steps: -
Calculate the penalty and interest for each shortfall amount.
Rama chary Rachakonda
(Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294)
(5694 Points)
Replied 27 November 2024
2. *Interest*: Interest is levied under Section 234B of the Income Tax Act.
To calculate the penalty and interest, follow these steps: -
Calculate the penalty and interest for each shortfall amount.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
No. penalty or interest for first two installments as the income earned in November. Pay advance tax 75% in Dec quarter.
Ramesh
(SVP)
(49 Points)
Replied 27 November 2024
Thanks for taking the time to respond.
I have tie conflicting responses.
There is no way for me to know the gains I made in Nov and so if an interest and penalty is levied fir shortfall in advance tax paid in June and Sep, it's in a way unfair.
it has to be one of the above responses. Both can't be true.
Ramesh
(SVP)
(49 Points)
Replied 27 November 2024
Thanks for taking the time to respond.
Unfortunately I have received conflicting responses above.
Not sure if gains from equity/ debt in November is treated any differently from other income. The advance tax due can't be precise for sure, especially when one redeems and make gain during the year. So in case of such increase in total incomes, if interest and penalty is levied it's unfortunate in a sense.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
Yes, that is the disadvantage of senseless usage of AI app.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
Read::
Now that a lot of persons are investing in stock markets and making capital gains and also earning from dividends, it is a common query if they need to pay advance tax. It is important to understand here that advance tax is paid when you can make an earning. However, in the case of capital gains or dividends, it is difficult to make an estimate of earnings in advance. Hence, experts say that advance tax on such earnings should be made on the applicable due date only after receiving the income receipt. If no instalment is due, then a taxpayer can pay the tax by 31st march of the applicable financial year.
From :: https://www.financialexpress.com/money/income-tax-do-you-need-to-pay-advance-tax-on-capital-gains-from-shares-dividends-2337056/
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
Q.5 How is advance tax computed on capital gains income?
Ans. Advance tax is payable on the total income, which includes capital gains and casual income (e.g., income from lotteries, crossword puzzles, etc.).
However, it is often impractical to estimate capital gains and casual income in advance. Therefore, if such income arises after the due date of any installment, the tax calculated on these incomes should be paid in the remaining installments of advance tax that are due.
If the entire advance tax amount is paid on or before the specified due date, no interest will be charged for late payment of advance tax.
From:: https://kmgcollp.com/advance-tax-under-income-tax-act-1961/
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
Nowadays, a lot of people invest in the stock market and have capital gains. And, indeed, it is difficult to estimate the earnings in advance in the stock market. Therefore, it is a common query, if they need to pay advance tax or not. On capital gains tax, income is calculated on a receipt basis and similarly, advance tax liability arises only when such income is received unlike on an estimation basis.
For e.g., if Tarun has received a CG income that falls under advance tax liability on 20th June 2022, he needs to pay the tax for a consecutive quarter. i.e., 15th September 2022.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
Further, Section 234C is not applicable where the default in payment of advance tax is on account of failure to estimate income – capital gains, winnings lotteries, crossword puzzles, races (including horse races), card games and any other activity in the nature of gambling, betting, etc. as well as business income accruing for the first time as such types of income are difficult to be estimated.
No interest u/s 234C of the IT Act would be applicable provided the taxpayer pays the required advance tax on such income as a part of immediately following installment or till 31st March, if no installment is pending.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
The provisions of section 234C are applicable if the assessee fails to pay the advance tax within the prescribed due date.
Applicability
Applicable when there is any delay in paying the advance tax in every quarter by the due date.
Non-Applicability
If the underpayment of advance tax is a result of underestimating the incomes mentioned below then 234C will not be applied.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
From:: https://cleartax.in/s/interest-imposed-by-income-tax-department-under-section-234c
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(180936 Points)
Replied 27 November 2024
Read::
Interest for deferment of advance tax.
234C. (1) Where in any financial year,—
(a) an assessee, other than the assessee referred to in clause (b), who is liable to pay advance tax under section 208 has failed to pay such tax or—
(i) the advance tax paid by such assessee on its current income on or before the 15th day of June is less than fifteen per cent of the tax due on the returned income or the amount of such advance tax paid on or before the 15th day of September is less than forty-five per cent of the tax due on the returned income or the amount of such advance tax paid on or before the 15th day of December is less than seventy-five per cent of the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one per cent per month for a period of three months on the amount of the shortfall from fifteen per cent or forty-five per cent or seventy-five per cent, as the case may be, of the tax due on the returned income;
(ii) the advance tax paid by the assessee on the 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:
Provided that if the advance tax paid by the assessee on the current income, on or before the 15th day of June or the 15th day of September, is not less than twelve per cent or, as the case may be, thirty-six per cent of the tax due on the returned income, then, the assessee shall not be liable to pay any interest on the amount of the shortfall on those dates;
(b) an assessee who declares profits and gains in accordance with the provisions of sub-section (1) of section 44AD or sub-section (1) of 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:
Provided that nothing contained in this sub-section shall apply to any shortfall in the payment of the tax due on the returned income where such shortfall is on account of under-estimate or failure to estimate—
(a) the amount of capital gains; or
(b) income of the nature referred to in sub-clause (ix) of clause (24) of section 2; or
(c) 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
(d) the amount of dividend income,
and the assessee has paid the whole of the amount of tax payable in respect of income referred to in clause (a) or clause (b) or clause (c) or clause (d), as the case may be, had such income been a part of the total income, as part of the remaining instalments of advance tax which are due or where no such instalments are due, by the 31st day of March of the financial year:
Provided further that nothing contained in this sub-section shall apply to any shortfall in the payment of the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the Finance Act, 2000 (10 of 2000), as amended by the Taxation Laws (Amendment) Act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the 15th day of March, 2001 in respect of the instalment of advance tax due on the 15th day of June, 2000, the 15th day of September, 2000 and the 15th day of December, 2000 :
Provided also that nothing contained in this sub-section shall apply to any shortfall in the payment of the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the Finance Act, 2000 (10 of 2000) as amended by the Taxation Laws (Amendment) Act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the 15th day of March, 2001 in respect of the instalment of advance tax due on the 15th day of June, 2000, the 15th day of September, 2000 and 15th day of December, 2000.
Explanation 1.—In this section, "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 amount of,—
(i) any tax deductible or collectible at source in accordance with the provisions of Chapter XVII on any income which is subject to such deduction or collection and which is taken into account in computing such total income;
(ia) any relief of tax allowed under section 89;
(ii) any relief of tax allowed under section 90 on account of tax paid in a country outside India;
(iii) any relief of tax allowed under section 90A on account of tax paid in a specified territory outside India referred to in that section;
(iv) any deduction, from the Indian income-tax payable, allowed under section 91, on account of tax paid in a country outside India; and
(v) any tax credit allowed to be set off in accordance with the provisions of section 115JAA or section 115JD.
Explanation 2.—For the purposes of this sub-section, the term "dividend" shall have the meaning assigned to it in clause (22) of section 2, but shall not include sub-clause (e) thereof.
(2) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1989 and subsequent assessment years.
From IT act, 1961 https://incometaxindia.gov.in/pages/acts/income-tax-act.aspx
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