[As amended by Finance Act, 2019]

POWER OF PRINCIPAL COMMISSIONER OR COMMISSIONER TO REDUCE OR WAIVE PENALTY

In the tutorial on ‘Penalties Under the Income-tax Act’, we discussed various penalties imposable under the Income-tax Act in respect of various defaults. Apart from enacting penalty provisions, the Income-tax Act also designed provisions empowering the Principal Commissioner of Income-tax or Commissioner of Income-tax to grant relief from penalty to taxpayers in genuine cases. Such power is granted under section 273A and section 273AA. In this part you can gain knowledge about the provisions of section 273A and section 273AA.

Overview of major penalties under the Income-tax Act

Before understanding the provisions of section 273A and 273AA it is better to take an overview of the penal provisions under the Income-tax Act. The following table highlights major penalties imposable under the Income-tax Act.

Power of Principal Commissioner or Commissioner to reduce or waive penalty under sections 273A(1), 273A(4) and 273AA

> Waiver or reduction of penalty under section 273A(1)

Section 273A(1) empowers the Principal Commissioner or Commissioner to grant waiver or reduction from penalty imposed or imposable under section 270A (i.e., penalty for under-reporting and misreporting of income) or under section 271(1)(c) (i.e., penalty for concealment of particulars of income or furnishing inaccurate particulars of income).

Initiation to be taken by Principal Commissioner or Commissioner or the taxpayer

The waiver or reduction under section 273A(1) can be granted by the Principal Commissioner or Commissioner either on his own motion or otherwise, i.e., on an application made by the taxpayer.

Conditions for granting relief

Relief under section 273A(1) is granted if following conditions are satisfied :

(1) Prior to the detection by the Assessing Officer of the concealment of particulars of income or of the inaccuracy of particulars furnished in respect of such income, the taxpayer voluntarily and in good faith, makes a full and true disclosure of such particulars.

For the purpose of section 273A(1), a person shall be deemed to have made full and true disclosure of his income or of the particulars relating thereto in any case where the excess of income assessed over the income returned is of such a nature as not to attract penalty under section 270A or under section 271(1)(c).

(2) The taxpayer should have co-operated in any enquiry relating to the assessment.

(3) The taxpayer either should have paid or made satisfactory arrangements for paying any tax or interest payable in consequence of an order passed under the Act in respect of the relevant year.

Previous approval of Principal Chief Commissioner or Chief Commissioner or Principal Director General or Director General

If the amount of income in respect of which the penalty is imposed or imposable for the relevant year or, where such disclosure relates to more than one year, the aggregate amount of such income for those years exceeds a sum of Rs. 5,00,000, no order reducing or waiving the penalty under section 273A(1) shall be made by the Principal Commissioner or Commissioner, except with the previous approval of the Principal Chief Commissioner or Chief Commissioner or Principal Director General or Director General, as the case may be.

Finality of the order

Every order made under section 273A shall be final and shall not be called into question by any Court or any other authority.

No relief if waiver claimed earlier

As per section 273A(3), where an order has been made under section 273A(1) in favour of any person, whether such order relates to one or more years, he shall not be entitled to any relief under section 273A in relation to any other year at any time after the making of such order.

Thus, if a person has claimed relief under section 273A(1) at any time, then he cannot claim relief under section 273A [i.e., 273A(1) as well as section 273A(4)] thereafter.

> Waiver or reduction of penalty under section 273A(4)

Section 273A(4) empowers the Principal Commissioner or Commissioner to waive or reduce any penalty imposable under the Income-tax Act as well as to stay or compound any proceeding for the recovery of penalty.

Initiation to be taken by the taxpayer

For obtaining waiver or reduction or stay or compound any proceeding for the recovery of penalty, the taxpayer has to make an application to the Principal Commissioner or Commissioner.

Conditions for granting relief

Relief under section 273A(4) is granted if following conditions are satisfied :

(1) Levy of penalty will cause genuine hardship on the taxpayer.

(2) The taxpayer has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him.

Previous approval of Chief Commissioner or Director General

If the amount of any penalty or, where such application relates to more than one penalty, the aggregate amount of such penalties exceeds Rs. 1,00,000, no order of reducing or waiving the amount or compounding any proceeding for its recovery under section 273A(4) shall be made by the Principal Commissioner of Commissioner, except with the previous approval of the Principal Chief Commissioner or Chief Commissioner or Principal Director General or Director General, as the case may be.

Time-limit for passing order under section 273A(4)

The Principal Commissioner or Commissioner, as the case may be, shall pass order, either accepting or rejecting assessee’s application to reduce or waive penalty, within a period of 12 months from the end of the month in which application is received.

However, order shall be passed on or before May 31, 2017 in case of application pending as on June 1, 2016.

Further, no order rejecting the application shall be passed unless the assessee has been given an opportunity of being heard.

Finality of the order

Every order made under section 273A shall be final and shall not be called into question by any Court or any other authority.

No relief if waiver claimed earlier

Section 273A(1) empowers the Principal Commissioner or Commissioner to grant waiver or reduction from penalty levied under section 270A (i.e., penalty for under-reporting and misreporting of income) or under section 271(1)(c) (i.e., penalty for concealment of particulars of income or furnishing inaccurate particulars of income).

As per section 273A(3), where an order has been made under section 273A(1) in favour of any person, whether such order relates to one or more years, he shall not be entitled to any relief under section 273A in relation to any other year at any time after the making of such order.

Thus, if a person has claimed relief under section 273A(1) at any time, then he cannot claim relief under section 273A [i.e., section 273A(1) as well as section 273A(4)] thereafter.

Waiver of penalty under section 273AA

Section 273AA empowers the Principal Commissioner or Commissioner to grant immunity from imposition of any penalty under the Income-tax Act in a case where the taxpayer has made an application for settlement under section 245C and the proceedings for settlement have been abated under section 245HA and penalty proceedings are initiated under the Income-tax Act.

Initiation to be taken by the taxpayer

For obtaining waiver, the taxpayer has to make an application to the Commissioner.

Time-limit for passing order under section 273AA

The Principal Commissioner or Commissioner, as the case may be, shall pass order, either accepting or rejecting assessee’s application to reduce or waive penalty, within a period of 12 months from the end of the month in which application is received.

However, order shall be passed on or before May 31, 2017 in case of application pending as on June 1, 2016.

Further, no order rejecting the application shall be passed unless the assessee has been given an opportunity of being heard.

Other provisions applicable to the case of waiver under section 273AA

• The application to the Commissioner for waiver shall not be made after the imposition of penalty after abatement.
• The Commissioner may, subject to such conditions as he may think fit to impose, grant to the person immunity from the imposition of any penalty under the Income-tax Act.
• Before granting the waiver, the Commissioner should be satisfied that the taxpayer has, after the abatement, co-operated with the Income-tax authority in the proceedings before him and made a full and true disclosure of his income and the manner in which such income has been derived.
• The immunity granted under section 273AA shall stand withdrawn, if such person fails to comply with any condition subject to which the immunity was granted and after the withdrawal of the immunity, the provisions of the Act shall apply as if such immunity had not been granted.
• The immunity granted under section 273AA may, at any time, be withdrawn by the Principal Commissioner or Commissioner, if he is satisfied that such person had, in the course of any proceedings, after abatement, concealed any particulars material to the assessment from the income-tax authority or had given false evidence, and thereupon such person shall become liable to the imposition of any penalty under the Act to which such person would have been liable, had not such immunity been granted.

( Republished with Amendments, Source- Income Tax Act, Rules and http://www.incometaxindia.gov.in/ )

Related Post

Income Tax penalty under New Section 270A Income Tax Act

Interest under Income Tax Act u/s 234A, 234B and 234C  [As amended by Finance Act, 2018]

Introduction of Interest under income Tax

Under the Income-tax Act, different types of interests are levied for various kinds of
delays/defaults. In this part, you can gain knowledge about the provisions of section
234A, 234B and 234C dealing with interest levied for

(i) delay in filing the return of  income;

(ii) non-payment or short payment of advance tax; and

(iii) non-payment or short payment of individual instalment or instalments of advance tax (i.e., deferment of  advance tax).

Manner of computation of interest under the Income-tax Act

Before understanding the provisions of section 234A, 234B and 234C it is important to  understand the provisions of Rule 119A which gives the manner of computation of interest under the Income-tax Act.

As per Rule 119A, while calculating the interest payable by the taxpayer or the interest  payable by the Central Government to the taxpayer under any provision of the Act, the  following rule shall be followed :

a) where interest is to be calculated on annual basis, the period for which such  interest is to be calculated shall be rounded off to a whole month or months. For this purpose any fraction of a month shall be ignored and the period so rounded off shall be deemed to be the period in respect of which the interest is to be calculated;
b) where the interest is to be calculated for every month or part of a month  comprised in a period, any fraction of a month shall be deemed to be a full month and the interest shall be so calculated;
c) the amount of tax, penalty or other sum in respect of which such interest is to be  calculated shall be rounded off to the nearest multiple of one hundred rupees. For this purpose, any fraction of one hundred rupees shall be ignored and the amount so rounded off shall be deemed to be the amount in respect of which the interest is to be calculated.

E.g. If we want to compute interest under section 234A on Rs. 8,489 for 3 months and 10
days, then as per Rule 119A discussed above, while computing the amount liable to interest, any fraction of Rs. 100 is to be ignored and, hence, we will ignore Rs. 89 and the balance amount will come to Rs. 8,400. Interest will be computed on Rs. 8,400. Further, the period of 10 days will be considered as full month and, hence, interest will be computed for 4 months.

Interest for delay in filing the return of income [Section 234A]

Under section 234A, interest is levied for delay in filing the return of income.

Basic provisions

 Interest under section 234A is levied for delay in filing the return of income. In  other words, if the taxpayer files the return of income after the due date specified in this regard, interest under section 234A will be levied.

Illustration

Mr. Kapoor is a doctor. His tax liability for the financial year 2017-18 amounted to Rs.  8,400. The due date of filing the return of income in his case is 31st July, 2018. On 5th August, 2018 he paid tax of Rs. 8,400 and filed his return of income. Will he be liable to pay interest under section 234A?

Interest under section 234A is levied for delay in filing the return of income. The due  date for filing the return of income in the case of Mr. Kapoor is 31st July, 2018 and he has paid the tax and filed the return on 5th August 2018. Hence, he will be liable to pay interest under section 234A on the outstanding tax liability (provisions relating to rate of interest, period of levy of interest and amount liable to interest are discussed later).

Rate of interest

Interest under section 234A is levied for delay in filing the return of income. Interest is
levied at 1% per month or part of a month. The nature of interest is simple interest. In
other words, the taxpayer is liable to pay simple interest at 1% per month or part of a
month for delay in filing the return of income.

Period of levy of interest under section 234A

Interest under section 234A is levied from the period commencing on the date
immediately following the due date of filing the return of income and ending on the date
of furnishing the return of income, or in case where no return has been furnished, on the
date of completion of the assessment under section 144.
It should be noted that while computing the period of levy of interest, part i.e. fraction of
a month is considered as full month

Illustration

Mr. Sunil is an engineer. The due date of filing the return of income in his case is 31st
July, 2018. He filed his return of income on 9th January, 2019. His tax liability for the
financial year 2017-18 is Rs. 8,400 (which is paid on 9th January, 2019). Will he be
liable to pay interest under section 234A, if yes then what will be the period of levy of
interest?

The due date of filing the return of income is 31st July, 2018, and return of income is
filed on 9th January, 2018 i.e. after the due date and hence, Mr. Sunil will be liable to pay
interest under section 234A

While computing interest, part of the month will be taken as full month. In this case,
there is a delay of 5 months and 9 days. Part of the month i.e. 9 days will be considered
as full month and hence, interest will be levied for 6 months.

Amount liable to interest under section 234A

Interest under section 234A is levied on the amount of tax as determined under section
143(1) and where regular assessment is made, the tax on total income as determined
under such regular assessment as reduced by advance tax, tax deducted/collected at
source, relief claimed under various sections like sections 90/90A/91 and tax credit
claimed under section 115JAA/115JD.

Illustration

Mr. Kumar is running a medical store. The due date for filing the return of income in his  case is 31st July. He filed his return of income on 3rd December. Tax liability of Mr.  Kumar for the year is Rs. 28,400 (which is paid on 3rd December). Advance tax paid by  him is Rs. 15,000 and he has TDS credit of Rs. 5,000. Will he be liable to pay interest  under section 234A, if yes then how much?

Mr. Kumar has filed his return of income after the due date i.e. after 31st July and hence,  he will be liable to pay interest under section 234A. Interest will be levied at 1% per month or part of the month.
The due date of filing the return of income is 31st July and the return of income is filed  on 3rd December and hence, there is a delay of 4 months and 3 days. Part of the month i.e. 3 days will be considered as full month and hence, interest will be charged for a period of 5 months. Interest will be levied at 1% per month on Rs. 8,400 (*) for 5 months. Thus, interest under section 234A will come to Rs. 420.
(*) Advance tax of Rs. 15,000 and TDS of Rs. 5,000 are to be deducted from the tax  liability of Rs. 28,400, hence, net liability after deducting advance tax and TDS will come to Rs. 8,400. Thus, interest will be levied on Rs. 8,400.

Interest for default in payment of advance tax [Section 234B]

Section 234B provides for levy of interest for default in payment of advance tax.

Basic provisions

Interest under section 234B is levied in following two cases:

a) When the taxpayer has failed to pay advance tax though he is liable to pay advance tax; or

b) Where the advance tax paid by the taxpayer is less than 90% of the assessed tax
(meaning of assessed tax is discussed later).

As per Section 208 of the Act, advance tax shall be payable by the taxpayer during the  financial year if estimated tax liability of assessee during that year is ten thousand rupees or more.

Illustration

Mr. Khushal is running a provision shop. Tax liability of Mr. Khushal for the year is Rs.  38,400. He has not paid any advance tax till 31st March. Entire tax was paid by him at  the time of filing the return of income. Will he be liable to pay interest under section  234B?

Interest under section 234B is levied in following two cases:

a) When the taxpayer has failed to pay advance tax; or

b) Where the advance tax paid by the taxpayer is less than 90% of the assessed 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 “advance tax”.

The tax liability of Mr. Khushal is Rs. 38,400 (i.e., not less than Rs. 10,000), thus, he is
liable to pay advance tax. However, he has not paid any advance tax and, hence, he will
be liable to pay interest under section 234B (provisions relating to period of interest, rate
of interest and amount on which interest is levied are discussed in later part).

Illustration

Mr. Mangal is running a provision shop. Tax liability of Mr. Mangal for the year is Rs.
48,400. He has paid advance tax of Rs. 46,000 till 31st March. Balance tax of Rs. 2,400 is  paid by him at the time of filing the return of income. Will he be liable to pay interest under section 234B?

Interest under section 234B is levied in following cases:

(a) When the taxpayer has failed to pay advance tax; or

(b) Where the advance tax paid by the taxpayer is less than 90% of the assessed tax.

In this case, Mr. Mangal has paid 95% of the advance tax (*) i.e. more than 90% and
thus, no interest will be levied under section 234B.

(*) The tax liability of Mr. Mangal is Rs. 48,400 and he has paid advance tax of Rs.  46,000. The quantum of advance tax paid by him will come to 95% (i.e., Rs. 46,000/Rs. 48,400) of the total tax liability.

Illustration

Mr. Raja is engaged in furniture business. Tax liability of Mr. Raja for the year is Rs.
58,400. He has paid advance tax of Rs. 35,000 till 31st March. Balance tax of Rs. 23,400 is paid by him at the time of filing the return of income. Will he be liable to pay interest under section 234B?

Interest under section 234B is levied in following cases:

(a) When the taxpayer has failed to pay advance tax; or

(b) Where the advance tax paid by the taxpayer is less than 90% of the assessed tax.

In this case, Mr. Raja has paid advance tax of Rs. 35,000. The quantum of advance tax
paid by him is 60% of the total tax liability (*) i.e. less than 90% and hence, he will be
liable to pay interest under section 234B.

(*) The tax liability of Mr. Raja is Rs. 58,400 and he has paid advance tax of Rs. 35,000.
The quantum of advance tax paid by him will come to 60% (i.e., Rs. 35,000/Rs. 58,400)
of the total tax liability.

Rate of interest

Under section 234B, interest for default in payment of advance tax is levied at 1% per
month or part of a month. The nature of interest is simple interest. In other words, the
taxpayer is liable to pay simple interest at 1% per month or part of a month for default in
payment of advance tax.

Amount liable for interest

Interest under section 234B is levied on the amount of unpaid advance tax. If there is a
shortfall in payment of advance tax, then interest is levied on the amount by which
advance tax is short paid. The amount of unpaid/short paid advance tax is computed as
follows :

(*) Assessed tax means the amount of tax as determined under section 143(1) and where
regular assessment is made, the tax on total income as determined under such regular
assessment as reduced by tax deducted/collected at source, relief/deduction of tax
claimed under various sections like sections 90/90A/91 and tax credit claimed under
section 115JAA/115JD.

Period of levy of interest

Interest under section 234B is levied from the first day of the assessment year, i.e., from
1st April till the date of determination of income under section 143(1) or when a regular
assessment is made, then till the date of such a regular assessment.

In a case where the income is increased on account of assessment/re-computation,
interest under section 234B will be levied on the differential amount from the first day of
the assessment year till the date of assessment/re-computation. In a case where and
application is made to Settlement Commission, interest under section 234B will be levied
on the differential amount from the first day of the assessment year till the date of making
the application. Further, if the income as declared in the application is increased by the
Settlement Commission, interest under section 234B will be levied on the differential
amount from the first day of the assessment year till the date of such order. If as a result
of rectification order of the Settlement Commission, income is increased/decreased,
interest will also be increased/decreased accordingly.

If the taxpayer has paid any tax before completion of assessment, then interest will be
levied as follows:

(a) Upto the date of payment of self assessment tax, interest will be computed on
the amount of unpaid advance tax.

(b) From the date of payment of self assessment tax, interest will be levied on the
unpaid amount of advance tax after deducting the self assessment tax paid by
the taxpayer.

Illustration

Mr. Suraj is a businessman. His tax liability as determined under section 143(1) is Rs.
28,400. He has not paid any advance tax but there is a TDS credit of Rs. 10,000 in his
account. He has paid the balance tax on 31st July i.e. at the time of filing the return of
income. Will he be liable to pay interest under section 234B, if yes, then how much?

In this case, the tax liability (after allowing credit of TDS) of Mr. Suraj comes to Rs.
18,400 (i.e. Rs. 28,400 – Rs. 10,000) which exceeds Rs. 10,000 and hence, he will be
liable to pay advance tax.

He has not paid any advance tax and hence, he will be liable to pay interest under section
234B. Interest under section 234B will be levied at 1% per month or part of the month. In
this case, Mr. Suraj has paid the outstanding tax on 31st July and hence, interest under
section 234B will be levied for the period from 1st April to 31st July i.e. for 4 months.

Interest will be levied on unpaid tax liability of Rs. 18,400. Interest at 1% per month on
Rs. 18,400 for 4 months will come to Rs. 736.

Interest for default in payment of instalment(s) of advance tax [Section 234C]

Section 234C provides for levy of interest for default in payment of instalment(s) of
advance tax. Before getting into the detailed provisions of section 234C, lets recall the
provisions relating to payment of advance tax by a taxpayer

As per section 208, every person whose estimated tax liability for the year exceeds Rs.
10,000, shall pay his tax in advance in the form of “advance tax” by following dates :

Any tax paid till 31st March will be treated as advance tax.

Basic provisions

Interest under section 234C is levied, if advance tax paid in any instalment(s) is less than
the required amount. In other words, interest under section 234C in case of deferment of
different instalments of advance tax is levied in following cases:
(A) In case of taxpayers (other than those who opted for presumptive taxation scheme
under section 44AD or section 44ADA), interest shall be levied-

 If advance tax paid on or before 15th June is less than 12% of advance tax
payable
 If advance tax paid on or before 15thSeptember is less than 36% of advance tax
payable
 If advance tax paid on or before 15thDecember is less than 75% of advance tax
payable
 If advance tax paid on or before 15thMarch is less than 100% of advance tax
payable

(B) In case of taxpayers who opted for presumptive taxation scheme of Section 44AD or
section 44ADA interest shall be levied if advance tax paid on or before 15th March is
less than 100% of advance tax payable.

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.

Rate of interest

Interest under section 234C for default in payment of instalment(s) of advance tax is
charged at 1% per month or part of a month. The nature of interest is simple interest. In
other words, the taxpayer is liable to pay simple interest @ 1% per month or part of a
month for short payment/ non-payment of individual instalment(s) of advance tax.

Period of levy of interest

Interest under section 234C is levied for a period of 3 months, in case of short fall in
payment of 1st, 2nd and 3rd instalment and for 1 month, in case of short fall in payment
of last instalment.

Amount liable for interest

Interest under section 234C is levied on the short paid amount of instalment(s) of advance
tax

Illustration

Mr. Khushal is running a garments shop. Tax Liability of Mr. Khushal is Rs 45,500. He  has paid advance tax as given below:
 Rs. 8,000 on 15th June,
 Rs. 11,000 on 15th September,
 Rs. 12,000 on 15th December,
 Rs. 14,500 on 15th March.

Mr. Khushal has not opted for presumptive taxation scheme of section 44AD. Will he be liable to pay interest under section 234C, if yes, then how much?

Every person whose estimated tax liability for the year exceeds Rs. 10,000, shall pay his
tax in advance in the form of “advance tax” by the following dates:

Any tax paid till 31st March will be treated as advance tax.

Considering the above dates, the advance tax liability of Mr. Khushal at different
installments will be as follows:

1) In first installment: Not less than 15% of tax payable should be paid by 15thJune.
The tax liability is Rs. 45,500 and 15% of 45,500 amounts to Rs. 6,825. Hence, he
should pay Rs. 6,825 by 15thJune. He has paid Rs. 8,000, hence, there is no short
payment in case of first installment.

2) In second installment: Not less than 45% of tax payable should be paid by
15thSeptember. Tax liability is Rs. 45,500 and 45% of 45,500 amounts to Rs.
20,475. Hence, he should pay Rs. 20,475 by 15th September. He has paid Rs.
8,000 on 15th June and Rs. 11,000 on 15th September (i.e. total of Rs. 19,000 is
paid till 15thSeptember). There is short payment of Rs. 1,475 (i.e. Rs. 20,475 – Rs
19,000)

Though there is short payment of Rs. 1,475 but Mr. Khushal will not be liable to
pay interest under section 234C because he has paid minimum of 36% of advance
tax payable by 15th September. He has paid Rs. 19,000 till 15th September and
36% of 45,500 amounts to Rs. 16,380. Hence, no interest shall be levied in case of
deferment of second installment.

3) In third installment: Not less than 75% of tax payable should be paid by 15th
December. Tax liability is Rs. 45,500 and 75% of 45,500 amounts to Rs. 34,125.
Hence, he should pay Rs. 34,125 by 15th December. He has paid Rs. 8,000 on 15th
June, Rs. 11,000 on 15th September and Rs. 12,000 on 15th December (i.e. total of
Rs. 31,000 is paid till 15thDecember). There is a short payment of Rs. 3,125 (i.e.
Rs. 34,125 – Rs 31,000). Hence, he will be liable to pay interest under section
234C on account of short fall of Rs. 3,125 (*).

4) In last installment: 100% of tax payable should be paid by 15th March. The total
tax liability of Rs. 45,500 is paid by Mr. Khushal by 15th March (i.e. 8,000 on 15th
June, Rs. 11,000 on15th September, Rs. 12,000 on 15th December and Rs 14,500
on 15th March). Hence, there is no short payment in case of last installment. Thus,
Mr. Khushal will not be liable to pay interest under section 234C in case of last
instalment.

(*)There is a short fall of Rs. 3,125 in case of third installment (computation already
discussed). Due to short fall in case of third installment, interest under section 234C will
be levied. Interest will be levied at 1% per month or part of the month on the short paid
amount of Rs. 3,100 (i.e. Rs. 3,125 rounded off to Rs. 3,100 as per Rule 119A). Interest
will be levied for a period of 3 months. In other words, interest will be levied on Rs.
3,100 at 1% per month for 3 months. Interest under section 234C will come to Rs. 93.

MCQ ON INTEREST PAYABLE BY THE TAXPAYER UNDER THE INCOMETAX  ACT

Q1. Under section 234A, interest is levied for _______________________.
(a) Delay in filing the return of income (b) Non-payment of tax
(c) For non-payment of advance tax (d) For short payment of advance tax

Correct answer : (a)

Justification of correct answer :

Interest under section 234A is levied for delay in filing the return of income. In other
words, if the taxpayer files the return of income after the due date specified in this regard,
interest under section 234A will be levied.
Thus, option (a) is the correct option.

Q2. Interest under section 234A for delay in filing the return of income is levied at _____  % per month or part of a month.
(a) 1.5 (b) 2
(c) 0.5 (d) 1

Correct answer : (d)

Justification of correct answer :

Interest under section 234A is levied for delay in filing the return of income. Interest is
levied at 1% per month or part of a month. The nature of interest is simple interest. In
other words, the taxpayer is liable to pay simple interest @ 1% per month or part of a
month for delay in filing the return of income.
Thus, option (d) is the correct option

Q3. Section 234B provides for levy of interest for default in complying with the notice
for payment of tax
(a) True (b) False

Correct answer : (b)
Justification of correct answer :
Section 234B provides for levy of interest for default in payment of advance tax.
Thus, the statement given in the question is false and hence, option (b) is the correct
option

Q4. Interest under section 234B is levied in following two cases:
(i) When the taxpayer has failed to pay advance tax though he is liable to pay advance
tax; or
(ii) Where the advance tax paid by the taxpayer is less than 75% of the assessed tax
(a) True (b) False

Correct answer : (b)

Justification of correct answer :

Interest under section 234B is levied in following two cases:
(i) When the taxpayer has failed to pay advance tax though he is liable to pay advance
tax; or
(ii) Where the advance tax paid by the taxpayer is less than 90% of the assessed tax.
Thus, the statement given in the question is false and hence, option (b) is the correct
option

Q5. Interest under section 234B for default in payment of advance tax is levied @ _____
% per month or part of a month.
(a) 1.5 (b) 2
(c) 0.5 (d) 1

Correct answer : (d)

Justification of correct answer :
Under section 234B, interest for default in payment of advance tax is levied at 1% per
month or part of a month. The nature of interest is simple interest. In other words, the
taxpayer is liable to pay simple interest at 1% per month or part of a month for default in
payment of advance tax.
Thus, option (d) is the correct option.

Q6. Interest under section 234B is levied on the amount of unpaid advance tax. If there is  a shortfall in payment of advance tax, then also interest is levied on the entire amount of  advance tax.
(a) True (b) False
Correct answer : (b)

Justification of correct answer :
Interest under section 234B is levied on the amount of unpaid advance tax. If there is a
shortfall in payment of advance tax, then interest is levied on the amount by which
advance tax is short paid. The amount of unpaid/short paid advance tax is computed as
follows

Assessed tax means the amount of tax as determined under section 143(1) and where
regular assessment is made the tax on total income as determined under such regular
assessment as reduced by tax deducted/collected at source, relief of tax claimed under

various sections like sections 90/90A/91 and tax credit claimed under section
115JAA/115JD.  Thus, the statement given in the question is false and hence, option (b) is the correct  option.

Q7. Interest under section ______ is levied from the first day of the assessment year, i.e., from 1st April till the date of determination of income under section 143(1) or when a  regular assessment is made, then till the date of such a regular assessment.
(a) 234A (b) 234B
(c) 234C (d) 234D

Correct answer : (b)
Justification of correct answer :
Interest under section 234B is levied from the first day of the assessment year, i.e., from
1st April till the date of determination of income under section 143(1) or when a regular
assessment is made than till the date of such a regular assessment.
Thus, option (b) is the correct option

Q8. Section ______ provides for levy of interest for default in payment of instalment(s)
of advance tax.
(a) 234A (b) 234B
(c) 234C (d) 234D

Correct answer : (c)

Justification of correct answer :
Section 234C provides for levy of interest for default in payment of instalment(s) of
advance tax.
Thus, option (c) is the correct option.

Q9. 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.).
(a) True (b) False

Correct answer : (b)
Justification of correct answer :

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.

Thus, the statement given in the question is false and hence, option (b) is the correct
option.

Source https://www.incometaxindia.gov.in

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Section 234C of Income tax Act as Proposed by Finance Bill 2016

Section 234C(1) is substituted to accommodate levy of interest uniformly on both corporate and non-corporates.

“(a) an assessee, other than an eligible assessee in respect of the eligible business referred to in section 44AD, 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;”;

The Finance Bill, 2016 also proposes to apply section 234C to persons engaged in business and who offer income on presumptive basis under section 44AD of the Act. Such persons have to pay the advance tax on current income on or before 15^th day of March. Failure to pay such advance tax would attract interest under section 234C which is 1% on the amount of short-fall of advance tax from the tax due on the returned income.

It is also proposed that interest under section 234C shall not be chargeable in case of an assessee having income under the head “Profits and Gains of business or profession ” for the first time , subject to the conditions specified.

It is clear that both the provisions are in mandatory terms and would apply automatically, as has been held by the Apex Court also in the Bhagat Construction Co. case (supra), the moment there is any shortfall in deposit of advance tax in terms of the provisions of Sections 234B and 234C of the Act.

HIGH COURT OF PATNA

Commissioner of Income-tax (I), Patna

v.

Natraj Engineers (P.) Ltd.

MISC. APPEAL NO. 466 OF 2005

SEPTEMBER  7, 2015