Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    News Bills
    Allowing deduction for amount disallowed under section 43B, to insurance companies on payment basis.
    News Bills
    Amendment for providing attribution of profit to Permanent Establishment in Safe Harbour Rules under...
    News Bills
    Modification of the definition of “business trust”
    News Bills
    Allowing carry forward of losses or depreciation in certain amalgamations.
    News Bills
    Deferring TDS or tax payment in respect of income pertaining to Employee Stock Option Plan (ESOP) of...
    News Bills
    Exempting non-resident from filing of Income-tax return in certain conditions.
    News Bills
    Providing an option to the assessee for not availing deduction under section 35AD.
    News Bills
    Increase in safe harbour limit of 5 per cent. under section 43CA, 50C and 56 of the Act to 10 per ce...
    News Bills
    Excluding interest paid or payable to Permanent Establishment of a non-resident Bank for the purpose...
    News Bills
    Amendment of section 194LD of the Act to extend the period of concessional rate of withholding tax a...
    News Bills
    Amendment of section 194LC of the Act to extend the period of concessional rate of withholding tax a...
    News Bills
    Amendment of section 115BAB of the Act to include generation of electricity as manufacturing.
    News Bills
    Modification in conditions for offshore funds’ exemption from “business connection”.
    News Bills
    Extending time limit for sanctioning of loan for affordable housing for availing deduction under sec...
    News Bills
    Extending time limit for approval of affordable housing project for availing deduction under section...
    News Bills
    Rationalization of provisions of start-ups.
    News Bills
    Exemption in respect of certain income of Indian Strategic Petroleum Reserves Limited.
    News Bills
    Exemption in respect of certain income of wholly owned subsidiary of Abu Dhabi Investment Authority ...
    News Bills
    Withdrawal of exemption on certain perquisites or allowances provided to Union Pubic Services Commis...
    News Bills
    Modification of concessional tax schemes for domestic companies under section 115BAA and 115BAB
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bills
Show AI Summary
Deduction timing for Section 43B: insured business expenses disallowed earlier permitted when actually paid.
A proviso is proposed to Rule 5 of the First Schedule so that any sum added back under Section 43B in accordance with clause (a) of Rule 5 shall be allowed as a deduction in computing income under the rule in the previous year in which such sum is actually paid; the amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 and onwards.
News Bills
Show AI Summary
Attribution to Permanent Establishment now covered in safe harbour rules and advance pricing agreements, providing transfer pricing certainty.
Amendments expand Safe Harbour Rules to permit acceptance of declared transfer prices that address attribution of profits to a Permanent Establishment, and amend Advance Pricing Agreement provisions to allow APAs to determine or specify the manner of determining such attribution, thereby extending transfer pricing certainty to both safe harbour and APA mechanisms for future and rollback years.
News Bills
Show AI Summary
Business trust definition modified: listing requirement removed so tax pass-through and regime apply to unlisted trusts.
The proposal amends clause (13A) of section 2 to remove the requirement that units be listed on a recognised stock exchange for a trust to qualify as a business trust, aligning the income tax definition with SEBI amendments that eliminated mandatory listing for InvITs; under section 115UA such trusts remain subject to taxation rules including pass through treatment for SPV interest and rent and filing and reporting obligations.
News Bills
Show AI Summary
Carry forward of losses extended to statutory bank and government insurance company amalgamations under specified nationalisation schemes.
Section 72AA's allowance for carry forward of accumulated losses and unabsorbed depreciation is extended to include amalgamations of corresponding new banks under the Banking Companies (Acquisition and Transfer of Undertakings) Acts and amalgamations of Government companies arising under the General Insurance Business (Nationalisation) Act, with defined terms to be read from those enactments and the extension operating notwithstanding specified exclusions in the Act.
News Bills
Show AI Summary
Deferral of TDS on ESOP perquisites allows employers to delay tax deduction until sale or employment cessation.
Amendments permit eligible start-ups to defer deduction or payment of tax on ESOP perquisites: tax must be deducted or paid within fourteen days of the earliest of (i) expiry of the prescribed post-allotment period, (ii) sale of the specified security or sweat equity share by the employee, or (iii) cessation of employment. Tax is computed using the rates applicable in the financial year when the security or share was allotted or transferred.
News Bills
Show AI Summary
Non-resident return filing exemption extended to royalty and FTS when withholding tax is applied at prescribed rates.
A statutory amendment will exempt a non-resident from filing an income-tax return where the non-resident's total income consists solely of dividend or interest, or specified royalty or fees for technical services, provided that withholding tax on such income has been deducted under Chapter XVII-B at rates not lower than the rates prescribed for tax determination under section 115A(1); the amendment takes effect from the stated commencement date and applies to the relevant assessment year and subsequent years.
News Bills
Show AI Summary
Optional 35AD deduction safeguards right to claim depreciation where assessee forgoes the investment allowance under amended rules.
The amendment makes the 100% capital expenditure deduction under section 35AD optional and restricts the sub section (4) non allowance rule so that other deductions, including normal depreciation, are disallowed only if the section 35AD deduction has been claimed and allowed; the change applies prospectively to the assessment year beginning 1 April 2020.
News Bills
Show AI Summary
Safe harbour threshold for stamp valuation adjustments increased, reducing valuation-driven recharacterisation of consideration for transfers.
Increase of the safe harbour threshold from five per cent to ten per cent for valuation comparisons where declared consideration for transfer or receipt of immovable property is lower than the stamp valuation authority's value, so that a declared consideration within the safe harbour is treated as the full value for computing capital gains or income from other sources; effective from 1st April, 2021 and applying to the relevant assessment year and subsequent years.
News Bills
Show AI Summary
Interest limitation carve-out excludes debt from permanent establishments of foreign banks from interest disallowance under amended rules.
The amendment provides that the interest limitation will not apply to interest paid in respect of debt issued by a lender which is a permanent establishment of a non-resident engaged in banking in India, thereby carving out loans from branches of foreign banks from the section 94B restriction and avoiding application of the earnings based disallowance to such debt.
News Bills
Show AI Summary
Concessional withholding tax extended and applied to municipal debt, enabling foreign investor interest relief within a renewed operative window.
Amendment to section 194LD extends the concessional withholding tax regime and applies the concessional rate to interest on municipal debt securities by Foreign Institutional Investors and Qualified Foreign Investors, preserving the reduced TDS rate for eligible interest payments and changing the operative period so that interest paid within the newly prescribed window qualifies for the concession, with the amendment taking effect from the start of the specified fiscal period.
News Bills
Show AI Summary
Concessional TDS rates on specified foreign borrowings extended and a lower rate introduced for IFSC listed bonds.
Amendment of section 194LC extends concessional withholding for interest paid to non residents on eligible foreign currency borrowings by a specified company or business trust, maintaining the concessional rate for approved loans, long term bonds and rupee denominated bonds within prescribed limits. It also establishes a lower withholding rate for interest on long term bonds and rupee denominated bonds issued from abroad that are listed solely on a recognised IFSC stock exchange, with the amendment operating from the commencement date specified in the Finance Bill.
News Bills
Show AI Summary
Concessional tax for new manufacturers: generation of electricity treated as manufacturing allowing concessional rate subject to eligibility conditions.
The amendment clarifies that manufacturing or production for the concessional tax regime includes generation of electricity. Eligible new domestic manufacturing companies-set up on or after 1 October 2019 and commencing by 31 March 2023-that do not avail specified incentives or deductions may opt for the concessional tax provision. The change takes effect from 1 April 2020 and applies from the assessment year 2020-21 onward.
News Bills
Show AI Summary
Offshore fund exemption relaxed: manager contributions initially excluded and corpus timing harmonised to reduce discrimination.
Amendments to section 9A relax two eligibility conditions for offshore funds' exemption from creating a business connection: contributions by the eligible fund manager during the first three years up to a capped amount will be excluded when calculating the aggregate participation of Indian residents, and funds established in the previous year must meet the monthly average corpus requirement within twelve months from the last day of the month of establishment or incorporation. The amendments take effect from 1 April 2020.
News Bills
Show AI Summary
Deduction under section 80EEA extended to include additional loans, broadening affordable housing tax relief eligibility.
The proposal extends the sanctioning period for loans eligible for the interest deduction under section 80EEA for acquisition of affordable residential property, allowing additional loans to qualify subject to existing conditions, including the stamp duty threshold and cap on interest relief. The amendment takes effect from 1st April, 2021 and applies to the assessment year 2021 22 and thereafter.
News Bills
Show AI Summary
Extension of approval period for affordable housing projects expands eligibility for full business profit deduction under section 80-IBA.
Extension of the approval deadline under section 80-IBA permits additional affordable housing projects to meet the statutory approval-timing condition for claiming a deduction equal to one hundred per cent of profits and gains from the business of developing and building such projects; the approval deadline is extended to 31st March, 2021 and the amendment takes effect from 1st April, 2021, applying to the assessment year 2021-22 and thereafter.
News Bills
Show AI Summary
Startup deduction expanded: three-year relief selectable within first ten years and turnover eligibility substantially increased.
Amendment revises the start-up deduction so an eligible start-up may claim a three-consecutive-assessment-year deduction selectable within ten years from incorporation, and raises the turnover eligibility ceiling so the deduction applies where total business turnover does not exceed a substantially higher threshold in any previous year counted from incorporation; the change takes effect from the start of the next fiscal cycle and applies to subsequent assessment years.
News Bills
Show AI Summary
Exemption for strategic petroleum reserve income: income exempt if replenishment occurs within three-year period under government directions.
Exemption is provided to ISPRL for income arising from arrangements for replenishment of crude oil stored in its Indian storage facilities when replenishment is carried out pursuant to directions of the Central Government, subject to the condition that the crude oil is replenished within three years from the end of the financial year in which it was first removed from storage; effective from 1 April 2020 for assessment year 2020-21 onward.
News Bills
Show AI Summary
Exemption for sovereign wealth fund investments: dividends, interest and long-term capital gains eligible if conditions satisfied.
A new exemption applies to income in the nature of dividend, interest and long-term capital gains of a specified person arising from investments, debt or equity, in Indian companies or enterprises engaged in developing, operating or maintaining infrastructure facilities or other notified businesses, provided the investment is made on or before the prescribed cut-off and held for the minimum required period. "Specified person" includes a wholly owned ADIA subsidiary resident in the UAE and sovereign wealth funds satisfying defined ownership, regulatory, benefit, vesting, commercial activity and notification conditions.
News Bills
Show AI Summary
Withdrawal of income-tax exemption for specified perquisites to UPSC and Election Commissioners, bringing those benefits into taxable income.
The Finance Bill removes income-tax exemption for specified allowances and perquisites previously granted to serving and retired UPSC Chairmen and members and to the Chief Election Commissioner and Election Commissioners. Exemptions being withdrawn include rent-free residence, conveyance and transport allowances, sumptuary allowance, leave travel concession, post-retirement secretarial and telephone allowances, medical facilities and related service condition benefits, with the change to apply prospectively from the stated fiscal implementation point and to the subsequent assessment year.
News Bills
Show AI Summary
Concessional tax option: domestic companies barred from Chapter VI-A deductions except limited exceptions, narrowing eligible incentives.
Domestic companies electing the concessional tax regime are barred from claiming any Chapter VI-A deductions except two specified exceptions: the employee-related wage deduction and the intercorporate dividend relief provision. This amendment takes effect from 1 April 2020 and applies to the assessment year beginning thereafter and subsequent assessment years, narrowing the deductions and incentives available to companies that opt for the special tax rate.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Evolution and Implications of Advance Tax Instalment Provisions : Clause 408 of the Income Tax Bill, 2025 Vs. Section 211 of the Income-tax Act, 1961

1 July, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Clause 408 Instalments of advance tax and due dates.

Income Tax Bill, 2025

Introduction

The mechanism of advance tax payment is a cornerstone of India's direct tax administration, ensuring a steady inflow of revenue to the exchequer and promoting compliance among taxpayers. Both Clause 408 of the Income Tax Bill, 2025 and Section 211 of the Income-tax Act, 1961 govern the schedule and quantum of advance tax payments by assessees. These provisions are integral to the broader framework of tax collection, aiming to minimize tax evasion and reduce the burden of lump-sum payments at the end of the financial year.

This commentary provides a comprehensive analysis of Clause 408, explores its legislative intent, scrutinizes its provisions, and compares it meticulously with the existing Section 211. It further discusses the practical implications for stakeholders and highlights any areas of ambiguity or potential reform.

Objective and Purpose

The primary objective of both Clause 408 and Section 211 is to ensure the timely collection of taxes by requiring assessees to pay tax in advance, based on their estimated current income for the year. This system is designed to:

  • Facilitate regular revenue flow to the government, reducing reliance on year-end lump-sum collections.
  • Encourage taxpayers to assess and declare their incomes on a current basis, enhancing voluntary compliance.
  • Minimize instances of tax evasion by spreading out the payment obligation.
  • Reduce the financial burden on taxpayers at the close of the year, mitigating the risk of default and penalties.

Historically, the advance tax regime has evolved to address practical challenges observed in tax administration, such as delayed collections, administrative bottlenecks, and taxpayer grievances regarding interest and penalties on shortfall or delayed payments. The periodic amendments to Section 211 (as reflected in its legislative history) and the introduction of Clause 408 in the new Bill indicate a continued policy focus on rationalizing and streamlining advance tax obligations.

Detailed Analysis of Clause 408 of the Income Tax Bill, 2025

Sub-section (1): General Rule for Payment of Advance Tax

Clause 408(1) mandates that all assessees liable to pay advance tax, except those specified in sub-section (2), must pay advance tax on their current income (as computed u/s 405) in four instalments during each tax year. The due dates and minimum amounts for each instalment are outlined in a tabular format:

Sl. No. Due Date of Instalment Amount Payable
1 On or before 15th June Not less than 15% of such advance tax
2 On or before 15th September Not less than 45% of such advance tax, as reduced by the amount, if any, paid in the earlier instalment
3 On or before 15th December Not less than 75% of such advance tax, as reduced by the amount or amounts, if any, paid in the earlier instalment or instalments
4 On or before 15th March The whole amount of such advance tax, as reduced by the amount or amounts, if any, paid in the earlier instalment or instalments

This structure ensures a progressive accumulation of advance tax liability, culminating in the full payment by 15th March of the tax year.

Sub-section (2): Special Provision for Certain Assessees

Clause 408(2) carves out an exception for assessees who declare profits and gains in accordance with section 58(2) (Table: Sl. No. 1 or 3). For these taxpayers, the entire advance tax on current income (as per section 405) must be paid in a single instalment on or before the 15th March.

This provision is particularly relevant for assessees opting for presumptive taxation schemes, where income is computed on a notional basis rather than actual profits, simplifying compliance for small businesses and professionals.

Sub-section (3): Treatment of Advance Tax Paid up to 31st March

Clause 408(3) clarifies that any amount paid by way of advance tax on or before 31st March shall be treated as advance tax paid for that tax year for all purposes under the Act. This ensures that payments made up to the last day of the tax year are recognized, providing flexibility to taxpayers and reducing disputes regarding the timing of payments.

Key Features and Interpretation

  • Uniformity and Clarity: The provision standardizes the advance tax payment schedule for most taxpayers, enhancing predictability and administrative efficiency.
  • Progressive Payment Structure: By requiring incremental payments (15%, 45%, 75%, and 100%), the law minimizes the risk of large, last-minute outflows and encourages regular assessment of income.
  • Accommodation of Special Cases: The exception for presumptive taxpayers recognizes the unique nature of their income computation and compliance needs.
  • Finality of Payment Dates: The recognition of payments up to 31st March as advance tax is a taxpayer-friendly measure, reducing inadvertent defaults.

Ambiguities and Issues in Interpretation

  • Reference to Section 405 and Section 58(2): The cross-referencing to other sections (especially in sub-section (2)) necessitates careful coordination with those provisions to avoid interpretational disputes.
  • Definition of "Current Income": The method of computation, while referenced to section 405, may still pose practical challenges for taxpayers with fluctuating or uncertain incomes.
  • Non-compliance Consequences: While Clause 408 sets the schedule, it does not detail the consequences of non-payment or shortfall, which are presumably addressed elsewhere in the Bill.

Practical Implications

For Taxpayers

  • Compliance Burden: Taxpayers must accurately estimate and pay advance tax at specified intervals, necessitating robust accounting and forecasting systems, especially for businesses with variable incomes.
  • Cash Flow Management: The staggered payment schedule aids in cash flow planning, though it may still pose challenges for seasonal businesses or those with uneven revenue streams.
  • Presumptive Scheme Taxpayers: For small businesses and professionals under presumptive taxation, the single instalment mechanism simplifies compliance and reduces administrative overhead.

For Tax Authorities

  • Revenue Assurance: The advance tax regime provides a steady inflow of funds, aiding fiscal planning and reducing year-end collection pressures.
  • Monitoring and Enforcement: The clarity in due dates and amounts facilitates monitoring of compliance and prompt identification of defaulters.

For the Economy

  • Macro-economic Stability: Predictable tax inflows support government expenditure planning and contribute to broader economic stability.

Comparative Analysis with Section 211 of the Income-tax Act, 1961

Structural and Substantive Similarities

A close reading of Clause 408 and Section 211 reveals a high degree of structural and substantive alignment, reflecting the continuity of legislative intent. Both provisions:

  • Mandate the payment of advance tax on current income in four instalments (for most assessees).
  • Prescribe identical due dates: 15th June, 15th September, 15th December, and 15th March.
  • Stipulate progressive minimum payment thresholds: 15%, 45%, 75%, and 100% of advance tax liability, adjusting for amounts already paid.
  • Provide for a special regime for certain assessees (presumptive taxpayers), requiring full payment by 15th March.
  • Recognize payments made up to 31st March as advance tax for the relevant year.

Key Differences and Evolution

  1. Reference to Computation Sections:
    • Clause 408 references section 405 for computation of current income, whereas Section 211 references section 209. The substance of these computation sections must be compared to assess if there is any substantive shift in the method of estimating advance tax liability.
  2. Terminology and Scope:
    • Clause 408 uses the term "tax year," whereas Section 211 refers to "financial year." This may reflect a terminological update in the proposed Bill, possibly aligning with international best practices or seeking to clarify the assessment period.
    • Clause 408 refers to "assessees referred to in sub-section (2)," while Section 211 uses "eligible assessee" and references specific sections (44AD, 44ADA) for presumptive taxation. Clause 408 refers to section 58(2) (Table: Sl. No. 1 or 3), the substance of which must be cross-checked for exact alignment with the current presumptive schemes.
  3. Procedural Provisions:
    • Section 211(2) contains a specific provision regarding the timing of payment in response to a notice of demand u/s 156, which is not explicitly present in Clause 408. This may have been relocated elsewhere in the Bill or subsumed under general procedural provisions.
  4. Legislative Language:
    • Clause 408 adopts a more streamlined and tabular approach, possibly reflecting a modernization of legislative drafting style.

Historical Context and Amendments

Section 211 has undergone several amendments since its inception, reflecting the evolving policy landscape and practical experiences of tax administration. Notably, the due dates and instalment percentages have been revised over time, and the scope of presumptive taxation has expanded. Clause 408, as proposed in the 2025 Bill, appears to consolidate and update these provisions, maintaining continuity while potentially aligning terminology and structure with contemporary legislative standards.

Potential Areas of Divergence or Conflict

  • Cross-referencing and Harmonization: The effectiveness of Clause 408 will depend on the precise alignment of referenced sections (e.g., section 405 and section 58(2)) with their counterparts in the current Act. Any substantive change in these cross-referenced sections could impact the practical operation of advance tax obligations.
  • Omission of Demand Notice Provisions: The absence of an explicit provision akin to Section 211(2) in Clause 408 raises questions about the handling of advance tax demands arising from assessment orders or revised computations. This may require clarification in the Bill or through subordinate legislation.
  • Terminological Shifts: The move from "financial year" to "tax year" may have downstream implications for other provisions and for taxpayer understanding, necessitating clear definitions and transitional guidance.

Practical Implications for Stakeholders

For Businesses and Professionals

  • The advance tax regime continues to require robust income estimation and cash flow management, particularly for entities with complex or fluctuating income streams.
  • Presumptive taxpayers benefit from a simplified single-instalment regime, though they must remain vigilant about eligibility criteria and the computation of presumptive income.

For Tax Practitioners

  • Advisors must be attentive to the precise computation methods referenced in Clause 408 and ensure clients are apprised of any changes in definitions or due dates.
  • The transition from the 1961 Act to the new Bill may require a recalibration of compliance calendars and internal controls.

For Tax Administration

  • The streamlined language and structure of Clause 408 may aid in enforcement and reduce interpretational disputes, though initial transition challenges may arise.
  • Clear communication and guidance will be essential to ensure smooth implementation and taxpayer compliance.

Conclusion

Clause 408 of the Income Tax Bill, 2025, largely preserves the substantive framework established by Section 211 of the Income-tax Act, 1961, while updating language and structure to reflect contemporary legislative standards. The provision continues to balance the twin objectives of revenue assurance for the government and manageable compliance obligations for taxpayers. While the core mechanics of advance tax payment remain unchanged, stakeholders must be attentive to potential shifts in cross-referenced computation provisions, terminological updates, and the handling of procedural issues such as demand notices. As the legislative process unfolds, further clarifications or refinements may be warranted to ensure seamless transition and continued effectiveness of the advance tax regime.


Full Text:

Clause 408 Instalments of advance tax and due dates.

Topics

Acts Income Tax