Provisions regarding Advance Payment of Tax under Income Tax act 1961
Provision regarding Advance Payment of Tax
Due dates for payment of advance tax
Advance tax is to be paid in different instalments. The due dates for payment of different instalments of advance tax are as follows:
Interest for default in payment of Advance Tax
Liability to pay advance tax
As per section 208, every person whose estimated tax liability for the year is Rs. 10,000
or more, shall pay his tax in advance, in the form of āadvance taxā. In this part you can
gain knowledge on various provisions relating to payment of advance tax by a taxpayer.
Person not liable to pay advance tax
As discussed above, every person whose estimated tax liability for the year is Rs. 10,000
or more is liable to pay advance tax. However, a resident senior citizen (i.e., an individual of the age of 60 years or
above during the relevant financial year) not having any income from business or
profession is not liable to pay advance tax.
The normal tax rates for the financial year 2018-19 applicable to an individual below
the age of 60 years are as follows:
- Nil upto income of Rs. 2,50,000 [As amended by Finance Act, 2018]
- 5% for income above Rs. 2,50,000 but upto Rs. 5,00,000
- 20% for income above Rs. 5,00,000 but upto Rs. 10,00,000
- 30% for income above Rs. 10,00,000.
However in case of taxpayer, being an Individual resident in India, rebate under section
87A of Rs. 2,500 or 100% of tax, whichever is lower, would be provided if his total
income does not exceed Rs. 3,50,000.
Apart from above, health and education cess @ 4% will be levied on the amount of tax
Mode of payment of advance tax
As per Rule 125 of the Income-tax Rules, 1962 a corporate taxpayer (i.e., a company) shall pay taxes through the electronic payment mode using the internet banking facility of the authorised banks. Taxpayers other than a company, who are required to get their accounts audited, shall pay taxes through the electronic payment mode using the internet banking facility of the authorised banks. Any other taxpayer can pay tax either by electronic mode or by physical mode i.e. by depositing the challan at the receiving bank.
Payment of advance tax
Advance tax can be paid by the taxpayer either on his own account or in pursuance of an order of the Assessing Officer. The taxpayer who is liable to pay advance tax is required to estimate his current income and pay advance tax on his own account. In such a case, he is not required to submit any estimate or statement of income to the tax authorities. After making payment of first or second or third instalment of advance tax (as the case may be), if there is a change in the tax liability, then the taxpayer can revise the quantum of advance tax in the remaining instalment(s) and pay the tax as per revised estimates. Tax can be computed on the current income (estimated by the taxpayer) at the rates in force during the financial year. From the tax so computed, tax deducted or collected at source will be deducted and the balance tax payable will be used to compute the advance tax liability. Also, relief of tax allowed under section 90 or section 90A or any deduction under section 91 or any tax credit allowed to be set off as per section 115JAA or section 115JD shall also be deducted while computing the advance tax liability.
Due dates for payment of advance tax
Advance tax is to be paid in different instalments. The due dates for payment of different instalments of advance tax are as follows:
Due Date for Payment of Advance Tax | Advance Tax Payable |
On or Before 15th June | 15% of Tax Payable |
On or Before 15th September | 45% of Tax Payable |
On or Before 15th December | 75% of Tax Payable |
On or Before 15th March | 100% of Tax Payable |
S.No. | Interest under Section | Rate of Interest | Why Charged? |
1 | 234 C | 1% per month for a period of 3 months (1 Month in case of Last Installment) on the amount of Default in each Installment** | For Non-Payment of Advance Tax on or before the Due Date |
2 | 234 B | 1% per month or part of a month from 1st April of Assessment Year upto the Date of Payment* | For payment of Tax in Assessment Year |
3 | 234 A | 1% per month or part of a month for the period beyond the due date of filing return of income | For payment of tax beyond the due date of filing return of income. |
* If 12% of Tax Liability has been paid upto 15th June and 36% of Tax Liability has been paid upto 15th September then The Interest u/s 234C shall not be charged on such Default.
*The Interest Under Section 234B shall not be Charged if Advance Tax Paid by the Assessee is 90% or more of the Actual Tax Liability of the Assessee.
*The Interest Under Section 234B shall not be Charged if Advance Tax Paid by the Assessee is 90% or more of the Actual Tax Liability of the Assessee.
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