Page 284 - DCOM508_CORPORATE_TAX_PLANNING
P. 284

Unit 12: Advance Tax Planning and Tax Relief




          12.2.1  Interest under Section 234C for Deferment of Payment of Tax                   Notes

          If you don’t pay an advance tax instalment in full, you have to pay interest at 1 per cent a month
          for three months on the amount that falls short of the required payment. However, in the case of
          default on the last instalment (March 15), the penal interest of 1 per cent is chargeable for only a
          month is shown in table 12.3:
                     Table 12.3: Interest under Section 234C is Liable to be Paid @ 1% Per Month

             (a)  Advance Tax paid on or before 15th Sept   <   30% of the Tax Due on Returned Income

                                                OR
             (b)  Advance Tax paid on or before 15th Dec   <   60% of the Tax Due on Returned Income
                                                OR
             (c)  Advance Tax paid on or before 15th Mar   <   Tax Due on Returned Income
                                                OR
             (d)  No Tax has been paid by the Assessee

          Source: http://www.rupeex.com/doc/advancetax.html

                 Example: Let’s say you are an individual taxpayer and are liable to pay ` 10,000 by way
          of advance tax. Suppose you pay ` 9,500 in three instalments (` 3,000 on September 14, ` 2,000 on
          December 15, and ` 4,500 on March 15), would you have kept to your payment schedule?
           There will have been no default in respect of the fi rst instalment (` 3,000, which is 30 per cent
          of ` 10,000). The second instalment amount should, however, have been ` 3,000 (60 per cent of
          ` 10,000, less ` 3,000 paid in the first instalment). Hence, the shortfall is ` 1,000, on which the

          interest payable is ` 30 (1 per cent of ` 1,000 for three months).  Since the third instalment is
          ` 4,500, there will have been a shortfall of ` 500, on which the interest charged would be ` 5
          (1 per cent of ` 500 for a month). Thus, you end up with a penal interest of ` 35 for the year. If in
          the last month, that is March, you delay payment of the last instalment by even a day, you will
          have to pay interest on the entire balance of ` 5,000.
          This has reference to Section 234C of Income Tax Act.

          12.2.2  Consequences of Non-payment of Advance Tax


          If the amount of advance tax paid is less you will have to pay penalty interest as per the below:
          For Non-corporate assessee:
          1.   If advance tax paid in the first two instalments is less than specified, simple interest @ 1%



               per month is charged on the deficit amount for a period of 3 months.
          2.   If the aggregate of advance tax paid is less than 90% of tax payable on 15th March penalty
               of simple interest @ 1% per month is charged on the amount shortfall until the tax is paid
          For Corporate assessee:


          Simple interest @ of 1% is charged on the deficit amount for a term of 3 months if you have failed
          to pay advance tax or if advance tax paid is less than tax due as per the above slab. For the 4th
          and final instalment if the advance tax paid is less than 90% of tax payable simple interest @ 1%


          per month is charged on the deficit from 1st April until the tax is fully paid.






                                           LOVELY PROFESSIONAL UNIVERSITY                                   279
   279   280   281   282   283   284   285   286   287   288   289