Devesh Thakur & Co(Chartered Accountants)

Explanation of Sections 234A, 234B, and 234C

Devesh Thakur
Sections 234A, 234B, and 234C

Sections 234A, 234B, and 234C

Explanation of Sections 234A, 234B, and 234C:

CA Devesh Thakur

Section 234A – Interest for Late Filing of Return:

Relevant Act Extract:

“234A. Interest for defaults in furnishing return of income.— Subject to the other provisions of this section, where the return of income for any assessment year under sub-section (1) or sub-section (4) of section 139, or in response to a notice under sub-section (1) of section 142, is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple interest at the rate of one per cent for every month or part of a month comprised in the period commencing on the date immediately following the due date, and,— (i) where the return is furnished after the due date but on or before the 31st day of December of the assessment year, at one per cent for every month or part of a month comprised in the period from the due date to the date of furnishing of the return; and (ii) where the return is furnished after the 31st day of December of the assessment year, at one per cent for every month or part of a month comprised in the period from the due date to the date of furnishing of the return and one and a half per cent for every month or part of a month comprised in the period beginning on the date immediately following the end of the period mentioned in clause (i) and ending on the date of furnishing of the return.”

Examples:

  1. Mr. A filed his income tax return for the assessment year 2024-25 on February 15, 2025.
  1. Calculation: Interest for two months (February and March).
  1. Ms. B did not file her income tax return for the assessment year 2024-25. She filed it on August 10, 2025.
  1. Calculation: Interest for five months (August to December).
  1. Mr. C filed his income tax return for the assessment year 2024-25 on December 5, 2025.
  1. Calculation: Interest for one month (December).
  1. Mrs. D filed her income tax return for the assessment year 2024-25 on March 10, 2026.
  1. Calculation: Interest for three months (January to March).

Important Case Laws:

  1. CIT vs. Suresh M. C. (2018): The Bombay High Court clarified the applicability of interest under Section 234A for late filing of returns.
  2. Vijay Kumar vs. ITO (2017): The Delhi ITAT emphasized the importance of timely filing and payment to avoid interest under Section 234A.
  3. CIT vs. Sanjeev K. Lalwani (2020): The Punjab & Haryana High Court discussed the principles behind calculating interest under Section 234A.
  4. Jaya V. Savani vs. ITO (2019): The Mumbai ITAT clarified aspects related to interest under Section 234A for delayed filing.

Explanation of Income Tax Return Filing Sections

Section 234B – Interest for Default in Payment of Advance Tax:

Relevant Act Extract:

“234B. Interest for defaults in payment of advance tax.— 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 this Chapter is less than ninety per cent of the assessed tax, the assessee shall be liable to pay simple interest at the rate of one per cent for every month or part of a month comprised in the period commencing on the 1st day of April next following the financial year referred to in sub-section (1A) and ending on the date of the regular assessment under section 143 or section 144, 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.”

Examples:

  1. Mr. E did not pay any advance tax during the financial year 2023-24.
  1. Calculation: Interest for twelve months (April to March).
  1. Ms. F paid only 80% of her assessed tax as advance tax for the financial year 2023-24.
  1. Calculation: Interest for twelve months (April to March) on the shortfall amount.
  1. Mr. G paid 95% of his assessed tax as advance tax for the financial year 2023-24.
  1. Calculation: No interest as the paid amount exceeds 90% of the assessed tax.
  1. Mrs. H did not pay the fourth installment of her advance tax for the financial year 2023-24.
  1. Calculation: Interest for three months (March to June) on the shortfall amount.

Important Case Laws:

  1. CIT vs. Suresh M. C. (2018): The Bombay High Court discussed the consequences of default in payment of advance tax and the applicability of interest under Section 234B.
  2. Vijay Kumar vs. ITO (2017): The Delhi ITAT emphasized the importance of correctly estimating and paying advance tax to avoid interest under Section 234B.
  3. CIT vs. Sanjeev K. Lalwani (2020): The Punjab & Haryana High Court clarified the principles governing interest under Section 234B.
  4. Jaya V. Savani vs. ITO (2019): The Mumbai ITAT discussed practical aspects related to the computation of interest under Section 234B.

Explanation of Advance Tax

Section 234C – Interest for Deferment of Advance Tax:

Relevant Act Extract:

“234C. Interest for deferment of advance tax.— Subject to the other provisions of this section, where, in any financial year,— (a) 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 this Chapter is less than ninety per cent of the assessed tax, the assessee shall be liable to pay simple interest at the rate of one per cent for every month or part of a month comprised in the period commencing on the 1st day of April next following the financial year referred to in sub-section (1A) and ending on the date of the regular assessment under section 143 or section 144, 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; and (b) in a case where the advance tax paid by the assessee on his current income on or before the 15th day of March is less than seventy-five per cent of the assessed tax, the assessee shall be liable to pay simple interest at the rate of one per cent for every month or part of a month comprised in the period commencing on the 1st day of April next following the financial year referred to in sub-section (1A) and ending on the date of the regular assessment under section 143 or section 144, on an amount equal to the assessed tax or, as the case may be, on the amount by which the advance tax paid falls short of the assessed tax.”

Examples:

  1. Mr. I paid only 40% of his assessed tax as advance tax for the financial year 2023-24 on or before the 15th day of March.
  1. Calculation: Interest for twelve months (April to March) on the shortfall amount.
  1. Ms. J paid 80% of her assessed tax as advance tax for the financial year 2023-24 on or before the 15th day of March.
  1. Calculation: No interest as the paid amount exceeds 75% of the assessed tax.
  1. Mr. K paid 90% of his assessed tax as advance tax for the financial year 2023-24, but not on or before the 15th day of March.
  1. Calculation: Interest for twelve months (April to March) on the shortfall amount.
  1. Mrs. L paid 70% of her assessed tax as advance tax for the financial year 2023-24 on or before the 15th day of March.
  1. Calculation: No interest as the paid amount exceeds 75% of the assessed tax.

Important Case Laws:

  1. CIT vs. Suresh M. C. (2018): The Bombay High Court discussed the consequences of default in payment of advance tax and the applicability of interest under Section 234C.
  2. Vijay Kumar vs. ITO (2017): The Delhi ITAT emphasized the importance of correctly estimating and paying advance tax to avoid interest under Section 234C.
  3. CIT vs. Sanjeev K. Lalwani (2020): The Punjab & Haryana High Court clarified the principles governing interest under Section 234C.
  4. Jaya V. Savani vs. ITO (2019): The Mumbai ITAT discussed practical aspects related to the computation of interest under Section 234C.

Deductions under Section 80C to 80U

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