Income Tax Act, 1961
Section 9: The Explanation omitted by s. 38, ibid. (w.e.f. 11989).
9. The Explanation omitted by s. 38, ibid. (w.e.f. 11989).
693
234B. Interest for defaults in payment of advance tax.—(1) Subject to the other provisions of this
section, where, in any financial year, an assessee who is liable to pay advance tax under section 208 has
failed to pay such tax or, where the advance tax paid by such assessee under the provisions of section
210 is less than ninety per cent. of the assessed tax, the assessee shall be liable to pay simple interest at
the rate of 1[one per cent.] for every month or part of a month comprised in the period from the 1st day of
April next following such financial year 2[to the date of determination of total income under
sub-section (1) of section 143 3[and where a regular assessment is made, to the date of such regular
assessment, on an amount]] equal to the assessed tax or, as the case may be, on the amount by which the
advance tax paid as aforesaid falls short of the assessed tax.
4[Explanation 1.—In this section, “assessed tax” means the tax on the total income determined under
sub-section (1) of section 143 and where a regular assessment is made, the tax on the total income
determined under such regular assessment as reduced by the amount of,—
(i) any tax deducted or collected at source in accordance with the provisions of Chapter XVII on
any income which is subject to such deduction or collection and which is taken into account in
computing such total income;
(ii) any relief of tax allowed under section 90 on account of tax paid in a country outside India;
(iii) any relief of tax allowed under section 90A on account of tax paid in a specified territory
outside India referred to in that section;
(iv) any deduction, from the Indian income-tax payable, allowed under section 91, on account of
tax paid in a country outside India; and
(v) any tax credit allowed to be set off in accordance with the provisions of section 115JAA
5[or section 115JD].]
Explanation 2.—Where, in relation to an assessment year, an assessment is made for the first time
6[under section 147 or section 153A], the assessment so made shall be regarded as a regular assessment
for the purposes of this section.
7[Explanation 3.—In Explanation 1 and in sub-section (3) “tax on the total income determined under
sub-section (1) of section 143” shall not include the additional income-tax, if any, payable under
section 143.]
(2) Where, before the date of 8[determination of total income under sub-section (1) of section 143 or]
completion of a regular assessment, tax is paid by the assessee under section 140A or otherwise,—
(i) interest shall be calculated in accordance with the foregoing provisions of this section up to the
date on which the tax is so paid, and reduced by the interest, if any, paid under section 140A towards
the interest chargeable under this section;
1. Subs. by Act 54 of 2003, s. 13, for “one and one-fourth per cent.” (w.e.f. 82003).
2. Subs. by Act 3 of 1989, s. 39, for “to the date of the regular assessment” (w.e.f. 11989).
3. Subs. by Act 22 of 1995, s. 42, for “or regular assessment, on an amount” (w.e.f. 11989).
Subject to the other provisions of this
section, where, in any financial year, an assessee who is liable to pay advance tax under section 208 has
failed to pay such tax or, where the advance tax paid by such assessee under the provisions of section
210 is less than ninety per cent. of the assessed tax, the assessee shall be liable to pay simple interest at
the rate of 1[one per cent.] for every month or part of a month comprised in the period from the 1st day of
April next following such financial year 2[to the date of determination of total income under
sub-section
of section 143 3[and where a regular assessment is made, to the date of such regular
assessment, on an amount]] equal to the assessed tax or, as the case may be, on the amount by which the
advance tax paid as aforesaid falls short of the assessed tax.
4[Explanation 1.—In this section, “assessed tax” means the tax on the total income determined under
sub-section
of section 143 and where a regular assessment is made, the tax on the total income
determined under such regular assessment as reduced by the amount of,—
any tax deducted or collected at source in accordance with the provisions of Chapter XVII on
any income which is subject to such deduction or collection and which is taken into account in
computing such total income;
any relief of tax allowed under section 90 on account of tax paid in a country outside India;
any relief of tax allowed under section 90A on account of tax paid in a specified territory
outside India referred to in that section;
any deduction, from the Indian income-tax payable, allowed under section 91, on account of
tax paid in a country outside India; and
any tax credit allowed to be set off in accordance with the provisions of section 115JAA
5[or section 115JD].]
Explanation 2.—Where, in relation to an assessment year, an assessment is made for the first time
6[under section 147 or section 153A], the assessment so made shall be regarded as a regular assessment
for the purposes of this section.
7[Explanation 3.—In Explanation 1 and in sub-section
“tax on the total income determined under
sub-section
of section 143” shall not include the additional income-tax, if any, payable under
section 143.]
Where, before the date of 8[determination of total income under sub-section
of section 143 or]
completion of a regular assessment, tax is paid by the assessee under section 140A or otherwise,—
interest shall be calculated in accordance with the foregoing provisions of this section up to the
date on which the tax is so paid, and reduced by the interest, if any, paid under section 140A towards
the interest chargeable under this section;
1. Subs. by Act 54 of 2003, s. 13, for “one and one-fourth per cent.” (w.e.f. 82003).
2. Subs. by Act 3 of 1989, s. 39, for “to the date of the regular assessment” (w.e.f. 11989).
3. Subs. by Act 22 of 1995, s. 42, for “or regular assessment, on an amount” (w.e.f. 11989).