Capital gain and advance tax issue

Tax planning 4995 views 10 replies

Hello Friends.

I found really interesting n Important Tax planning case for Capital gain advance tax and Interest u/s 234.

My Principal asked me to Calculate Advance Tax payment details of one Individual.

 Facts are:
1.Plot of Land not agricultural sold:Rs 10000000/-On 5 June 12
   Plot of Land Purchased: Rs.1399711/-     On 17 Oct. 07

            I calculated LTCG by taking 2011-12 (assuming for near about) n Got LTCG rs.         8008586/-.

2.    Plot of Land sold:           Rs 5000000/-  On 8 May 12
Plot of Land Purchased:       Rs.194400/-     On 11 jan. 2008

I calculated LTCG by taking 2011-12 (assuming for near about) n Got LTCG rs. 4723042/-.

Total LTCG is 12728900 and tax on that is 2580950

My Q is what is CII for 2012-13?

And How much advance tax installments and when client should pay to avoid Interest penalty  U/S 234.
and how interest be there as on 31/3/13 if advance tax not paid?

Please suggest me n let  discuss on Tax planning. Thanks in advance

Replies (10)

hi

i think CII for the FY 2012-13 is not released yet.... may be in aug

Hi kavitha

Thnx for ur suggestion.

can u please tell me How to calculate Interest u/s 234.

Suppose tax are 2400000/- n till 31 march individual client has not paid any advance tax.

waiting for ur help.

 

CII for FY 2012-13 has not been announced yet.

Assuming your client is non-corporate.

Adv tax for 1st instalment(before 15th Sept 2012)= 30% of Tax payable

Adv Tax for 2nd instalment(before 15th dec,2012) =30% of Tax Payable

 

Adv Tax for 3rd instalment(15th mar,2013) =40% of Tax Payable

If default is ,ade in paying Advance tax then interest on late payment will be attrracted u/s 234B and 234C
 
Int u/s 234 C is 1% p.m on unpaid Adv tax not paid for every month or part from Apr. 2013
 
Int u/s 234 B is  to be calculated as under-
 on 1 st instal = Total Adv tax attributable to 1st instal *3% p.a
  on 2nd instal=( Total Adv tax attribuatable till 2 nd instal - Any Adv tax paid till date)*3% p.a
   on 3rd instal= ( Total Adv tax attribuatable till 3rd instal - Any Adv tax paid till date)*1% p.a
 
 
If any mistake pls notify. 

Why do you want to pay such a hefty amount of tax.

Invest the proceeds in house property, 54EC bonds to avoid tax.

Also, for tax payments of an individual, advance tax shall be paid 

15th September: 30%

15th December: 60%

15th March: 100%

If any instalments are not me, then intt @ 1% from the date of deficit till date of payment shall be charged.

And for CII of 12-13, it is expected to be 860...

Regards

Saurabh

ur working is absolutely correct but u wrong quoted Sec.234B instead of Sec234C n 234C instead of 234B

Dear Prateek

Client already has one house already  n in investing Bonds interese rate is only 4-5%  for 3 years.

so he does not want to block his liquidity  which is approx 1.25cr.

thats why i am concerning to best solution ..

please correct me if i am wrong

 

Non corporate assessee-234C

advance tax paid on or before sep'15th is less than 30% --- 1% per month per 3 months

on or before dec'15th less than 60%---1% per month per 3 months

on or before Mar'15th less than 100%---same as above

advance tax paid but less than 90% of the assessed tax interest @ 1% p.m /part of month under sec 234B

if failed to pay advance tax ,on whole amount 1% p.m/part of month interest is appliacble

Correct me if i am Wrong

suppose Tax liability is 2400000 including education cess n I have not paid any Advance Tax till 31 march then

Interest

u/s 234 C(I)     Rs. 720000 x 3 x 1% =21600

 
 

  u/s 234 C(II)    Rs. 1440000x 3 x 1%=43200

 

  u/s 234 C(III)   Rs. 2400000 x 1 x 1%=24000

 
and Total Tax 240000 plus interest 88800/-  =2488800/-
 
and after that till 31july Client has to bear interset @ 1%  P.M. on 2400000/- if not pay Advance tax.

s correct

Invest the entire amount in Agriculture land take full exemption sec 54b then sold entire land which will be fuly exempt from tax


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