Wednesday, May 27, 2015

How to Calculate Interest U/S 234 of Income Tax Act

Interest u/s 234A is the Interest for default for Furnishing Return of Income u/s 139(1) or 139(4) or Return filed in response to notice u/s 142(1).

1.- CONDITIONS FOR LEVY OF INTEREST u/s 234A
a) Where Return of Income (ITR) is not furnished by Assessee.
b) Where Return of Income (ITR) is furnished by assessee after Due Date of furnishing Return specified u/s 139(1).

2.- RATE OF INTEREST
>1% per month or part of month.
(Part of month means Interest for whole month is charged @1% even if the default is for 1 day)

3.- AMOUNT ON WHICH INTEREST u/s 234 A IS COMPUTED
Total Tax Liability XXX
Less-   TDSXX
Relief u/s 89(1)XX
Relief u/s 90/91XX
Advance TaxXX
NET TAX LIABILITY XXX

4.- CHARACTERISTICS OF INTEREST U/S 234A
>Interest u/s 234A is mandatory in nature which can only be waived off by chief Commissioner of Income Tax (CCIT) or Direct General of Income Tax (DG).

>If the amount of self assessment tax paid by assessee fall short of the amount required to be paid u/s 140A as self assessment tax.

Then the amount so paid shall be first adjusted towards Interest and balance towards Income Tax.

5.- ILLUSTRATIONS
Suppose an individual furnish his ITR on 1st Sept.2015 and the due date of filing is 31st July,2015.

Income from salary           = Rs 3,50,000
Tax Payable by Individual = Rs 10,000
TDS deducted on salary   = Rs 2,000
Then, Interest required to be paid by such individual u/s 234A is:
Period of default                =          2 months (August/September)
Rate of Interest                   =          1%
Amount of Interest            =          (10,000-2,000)1%*2 months
=          Rs 160

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