Anomalies in the advance tax regime

189 views 6 replies

Dear All,

I was salaried till Sept. 2016.  My business income started from third quarter.  I paid advance tax on time on the income earned from third quarter.

Now while I finalise my return, it is demanding interest on deferment of advance tax.  Eventhough, this filed in ITR is editable, it will not allow us to submit the return without paying interest.

On my observation, I understand that the interest for deferment of advance tax is calculated for the first two quarters also eventhough assessee does not have any income.

As I stated above, I had no busines income during the first two quarters in 2016-17.

Any solution on this anomaly may be shared in the forum.

Jerry

 

 

Replies (6)
There should be some provision for this. Meet your AO if possible. Similar situation in Capital Gains scenario is as expected. The advance tax in that case is payable after you have made gains.
was any TDS on salary being made by your employer and was it considered. while computing the income it will take into consideration the total income of
the year and accordingly calculate tax and the resultant interest if any
Unless expressly excluded like capital gains, total income during the year has be considered for interest purpose
Dear Jerry, I have been able to locate a document published by IT dept which exactly addresses your question. As per the document you don't have to pay interest for installments prior to opening the business.

https://www.incometaxindia.gov.in/tutorials/6-interest%20payable%20by%20the%20taxpayer.pdf


No levy of interest if shortfall in payment of advance tax is due to capital gains or winning from lottery, etc.

Interest under section 234C is not levied, if, the shortfall in payment of advance tax is due to failure to estimate the amount of capital gains or income referred to in section 2(24)(ix) (i.e. winning from lotteries, crossword puzzle, etc.) or income from a new business or income referred to in section 115BBDA (i.e., dividend received from a domestic company exceeds Rs. 10,00,000) and the taxpayer pays the required advance tax on such income as a part of immediate following instalments or till 31st March, if no instalment is pending. 

Thanks to all..

Special thanks to Mr.Neeraj


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register