Just a moment...

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 characters0/2000
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 ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

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.
RelevanceDefaultDate
    Tax Recovery from Directors of Private Companies : Clause 323 of the Income Tax Bill, 2025 Vs. Secti...
    Personal Liability and Tax Compliance in Liquidation of companies : Clause 322 of Income Tax Bill, 2...
    Assessment and Enforcement against Dissolved Associations : Clause 321 of the Income Tax Bill, 2025 ...
    Accelerated Assessment upon Business Discontinuance ; Clause 320 of Income Tax Bill, 2025 Vs. Sectio...
    Preventing Tax Avoidance by Asset Transfer : Clause 319 of the Income Tax Bill, 2025 Vs. Section 175...
    Taxation of AOPs, BOIs, and AJPs Formed for Specific Purposes : Clause 318 of the Income Tax Bill, 2...
    Assessment of Individuals Leaving India : Clause 317 of the Income Tax Bill, 2025 Vs. Section 174 of...
    Enforcement of Tax Recovery from Non-Residents : Clause 422 of the Income Tax Bill, 2025 Vs. Section...
    Presumptive Taxation of Foreign Shipping Companies : Clause 316 of the Income Tax Bill, 2025 Vs. Sec...
    Taxation of Hindu Undivided Families after Partition : Clause 315 of the Income Tax Bill, 2025 Vs. S...
    Aligning Tax Assessments with Business Reorganisation and Modified Returns : Clause 314 of the Incom...
    Continuity of Tax Obligations in Business Succession : Clause 313 of Income Tax Bill, 2025 Vs. Secti...
    Rights and Obligations of executors of Deceased Estates regarding the recovery of taxes : Clause 312...
    Taxation of income arising from the estate of a deceased individual : Clause 312 of Income Tax Bill,...
    Joint and Several Liability of LLP Partners in Liquidation: Clause 331 of Income Tax Bill, 2025 vs. ...
    Legal and Practical Implications of Taxing AOPs/BOIs with Unknown Shares under Indian Income Tax Law...
    Understanding the Assessment and Taxation of Partnership Firms - Clause 324 of the Income Tax Bill, ...
    Remedies Against Property of Representative Assessees : Clause 304(5) of the Income Tax Bill, 2025 V...
    Direct assessment or recovery from Representative assessees : Clause 304(3) of the Income Tax Bill, ...
    Proportional Taxation of Trust Beneficiaries : Clause 304(4) of the Income Tax Bill, 2025 Vs. Sectio...
❯❯
MaximizeMaximizeMaximize
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 SummariesHide All Summaries
    Act RulesBills
    Show AI Summary
    Director liability for unpaid company taxes: joint and several personal exposure subject to defence of absence of gross neglect.
    Clause 323 imposes joint and several personal liability on every person who was a director at any time during the relevant tax year where tax due from a private company cannot be recovered, with "tax due" including penalty, interest, fees and other sums; the director may avoid liability only by proving that non recovery was not attributable to gross neglect, misfeasance or breach of duty, and the provision overrides contrary company law provisions.
    Act RulesBills
    Show AI Summary
    Liquidator personal liability: enforced civil responsibility to secure tax dues during liquidation while aligning with insolvency priorities.
    Clause 322 requires any liquidator or receiver to notify the assessing officer within thirty days of appointment and, after the assessing officer notifies an amount sufficient to cover tax liabilities (within three months), to set aside that sum and refrain from disposing of assets without leave; exceptions permit payment of tax, secured creditors with legal priority, and reasonable winding up expenses. Non compliance attracts personal civil liability for the liquidator, capped at the notified amount where applicable, and obligations are joint and several, with Clause 322 subject to the primacy of the Insolvency and Bankruptcy Code.
    Act RulesBills
    Show AI Summary
    Assessment continuity: Dissolution of an AOP does not prevent assessment, penalty imposition, or recovery from members.
    Clause 321 permits assessment of an association of persons as if no discontinuance or dissolution had taken place, applying all statutory provisions including penalties and other sums. It empowers original and appellate officers to impose penalties specified in the penalty chapter, imposes joint and several liability on members and their legal representatives, and allows continuation of proceedings already commenced against such persons from the stage they stood at dissolution. A saving clause preserves interaction with specified cross referenced provisions.
    Act RulesBills
    Show AI Summary
    Accelerated assessment on business discontinuance enables taxation up to cessation with mandatory notice and taxation of post-cessation receipts.
    Clause 320 permits discretionary accelerated assessment of income up to the date of business discontinuance, mandates separate assessments for each completed tax year or part thereof, requires mandatory notification of discontinuance within fifteen days, empowers notice and information-gathering powers on persons, partners or officers, and deems post-discontinuance receipts to be taxable as income of the recipient while clarifying that tax charged under the clause is additional to any other tax liability.
    Act RulesBills
    Show AI Summary
    Preventive assessment of likely asset transfers: current year taxation triggered by AO belief of tax avoidance intent.
    Clause 319 empowers the Assessing Officer to tax the total income of persons believed likely to dispose of assets to avoid tax, charging income in the current tax year from its first day until proceedings commence; it requires formation of an AO opinion based on credible material, applies procedural provisions analogous to those for persons leaving the jurisdiction, and raises interpretive issues including the undefined scope of "assets", the standard for AO satisfaction, the truncated assessment period, and overlap with other anti avoidance rules.
    Act RulesBills
    Show AI Summary
    Taxation of short lived entities: income of event specific AOPs/BOIs/AJPs charged in the tax year up to dissolution.
    Clause 318 empowers the Assessing Officer to treat the total income of an AOP, BOI or AJP formed for a particular event or purpose as chargeable to tax for the tax year from its first day up to the date of dissolution where the AO is satisfied the entity is likely to dissolve, and applies the Bill's expedited procedural machinery for assessment, provisional determination and recovery.
    Act RulesBills
    Show AI Summary
    Assessment of persons leaving India: expedited tax assessment from the tax year start to departure with short notice requirements.
    Clause 317 permits the Assessing Officer to assess an individual's total income from the first day of the current tax year up to the probable date of departure where the AO reasonably believes the individual intends not to return; income is assessed by completed tax years or part-years at rates in force, may be estimated if not readily determinable, and the AO may require an expedited return within a minimum seven-day period, with taxes charged under this provision being additional to other tax liabilities.
    Act RulesBills
    Show AI Summary
    Recovery of tax from non residents: source withholding and attachment of any assets within India enable enforcement.
    Clause 422 and Section 173 authorise two primary enforcement mechanisms against non residents: recovery by deduction at source imposed on payers, agents or representative assessees, and recovery by attachment of any assets of the non resident that are, or may at any time come, within India. These powers apply whether tax is assessed in the non resident's name or in the name of a representative assessee and operate without prejudice to other assessment and recovery provisions, creating a continuing domestic enforcement right subject to definitional, procedural and treaty interaction issues.
    Act RulesBills
    Show AI Summary
    Presumptive taxation of foreign shipping secures Indian tax on carriage income via deemed income and port clearance linkage.
    Clause 316 introduces a presumptive regime deeming a fixed proportion of amounts paid or payable for carriage from Indian ports as income of non resident ship owners or charterers, includes demurrage and similar charges, requires the ship's master to file a pre departure return with the Assessing Officer (with limited deferred filing), empowers assessment within nine months, ties tax payment or satisfactory arrangements to port clearance, and preserves an option for regular assessment with payments treated as advance tax.
    Act RulesBills
    Show AI Summary
    HUF partition rules preserve deemed continuity and joint liability, limiting recognition of partial partitions and strengthening tax recovery.
    Clause 315 deems an assessed HUF to remain undivided for tax purposes until a formal finding of partition is recorded; mandates AO inquiry with notice to all members when a partition is claimed; assesses HUF income up to the partition date as if no partition occurred; imposes joint and several liability on former members for tax, penalties, interest and other sums; allows recovery from pre-partition members; computes several liability in proportion to property allotted; and disallows recognition of partial partitions for tax purposes within the specified post-cut-off period.
    Act RulesBills
    Show AI Summary
    Modified return requirement ensures tax assessments follow business reorganisation orders and must be adjusted accordingly.
    Clause 314 mandates that a successor entity furnish a modified return within the prescribed period after a business reorganisation order, limited to changes necessitated by that order, and requires the Assessing Officer to modify completed assessments or complete pending assessments in accordance with the order and the modified return; ordinary Act provisions apply unless expressly overridden, and key terms including business reorganisation and successor are defined with coverage of insolvency-sanctioned reorganisations.
    Act RulesBills
    Show AI Summary
    Continuity of tax liability on business succession: successor taxed post succession and may bear predecessor's unrecoverable dues.
    Clause 313 mandates that the predecessor is assessed for income up to the succession date and the successor for income thereafter in the same tax year; pending proceedings against the predecessor are deemed on the successor; if the predecessor cannot be found or dues are irrecoverable, assessment and recovery may be effected on the successor, who may then recover amounts from the predecessor. The clause explicitly includes gains from transfer in "income" and defines "pendency" for insolvency and tribunal contexts, aligning tax continuity with insolvency processes.
    Act RulesBills
    Show AI Summary
    Executor's right of recovery: statutory mechanism to reclaim taxes paid from the estate, subject to procedural adaptations.
    Clause 312(7) makes Section 305 applicable to executors "so far as may be" in respect of tax paid or payable by them, treating executors as representative assessees and thereby enabling statutory recovery of taxes from the estate or beneficiaries while permitting necessary adaptations of procedures and raising questions on priority and apportionment in insolvent or contested estates.
    Act RulesBills
    Show AI Summary
    Taxation of deceased estates: executor liable for estate income until complete distribution, with legatee inclusion on distributed income.
    Clause 312 taxes income of a deceased person's estate in the hands of the executor or administrator, with a single executor assessed as an individual and multiple executors as an association of persons; the executor is deemed to have the deceased's residential status for the tax year of death, assessments of estate income are separate from the executor's personal returns, separate assessments apply for each tax year or part thereof until complete distribution, and income distributed to specific legatees is excluded from the estate's income and included in the legatees' income.
    Act RulesBills
    Show AI Summary
    Joint and several liability of LLP partners applies where tax dues cannot be recovered from the LLP, subject to exculpation.
    Clause 331 makes every person who was a partner of an LLP during the relevant tax year jointly and severally liable for any tax, penalty, interest, fees or other sums payable under the Income tax law that cannot be recovered from the LLP or relevant persons, expressly overriding LLP Act protections. Liability is triggered only after non recovery from the LLP and is rebuttable: a partner can escape liability by proving that the non recovery was not due to his gross neglect, misfeasance, or breach of duty.
    Act RulesBills
    Show AI Summary
    Taxation of AOPs/BOIs with unknown member shares: maximum marginal rate applied to deter tax avoidance.
    Clause 311 mandates taxation of an AOP/BOI's total income at the maximum marginal rate where members' shares are indeterminate or unknown, and requires taxation at any higher rate applicable to any member; when shares are determinate, it taxes the whole income at the maximum marginal rate if a member's other income exceeds the exemption threshold, while portions attributable to members chargeable at higher rates are taxed at those higher rates, with a deeming provision treating shares as indeterminate if so at formation or thereafter.
    Act RulesBills
    Show AI Summary
    Firm taxation: firms taxed on total income at rates set annually in the Finance Act.
    Clause 324 charges a firm which is assessable as a firm with tax on its total income at the rate specified in the Finance Act for the relevant year, applying only to entities that qualify as firms and requiring alignment with definitional, computation and allocation provisions elsewhere in the Act.
    Act RulesBills
    Show AI Summary
    Representative assessee liability: authorities may use the same remedies against property under a representative's control to recover tax dues.
    Clause 304(5) of the Income Tax Bill, 2025, mirrors Section 167 by empowering the Assessing Officer to exercise the same remedies in the same manner against all property vested in, or under the control or management of, a representative assessee as would be available against a person directly liable for tax, covering all kinds of property and applying regardless of whether the tax demand is raised against the representative or the beneficiary.
    Act RulesBills
    Show AI Summary
    Direct assessment empowers tax authorities to bypass representative assessees and pursue beneficiaries directly, preserving recovery powers.
    Clause 304(3) (Income Tax Bill, 2025) and Section 166 (Income tax Act, 1961) are non obstante provisions empowering the AO to directly assess and recover tax from the person entitled to income, irrespective of the existence of a representative assessee; these powers are discretionary, cover both assessment and recovery, preserve procedural safeguards for the beneficiary, and operate as alternative (not cumulative) mechanisms to prevent revenue loss due to procedural technicalities or representative non cooperation.
    Act RulesBills
    Show AI Summary
    Proportional apportionment clarifies how beneficiaries' trust distributions are computed for tax using a statutory formula.
    Clause 304(4) prescribes that where only part of a trust's income is chargeable, the taxable portion of a beneficiary's receipts is determined by multiplying the beneficiary's receipt by the ratio of the trust's chargeable part to its whole income (A x C / B), thereby codifying proportional apportionment and imposing related recordkeeping and reporting obligations on trustees and representative assessees.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Modernizing Interest Liability for Advance Tax Defaults : Clause 424 of the Income Tax Bill, 2025 vs. Section 234B of the Income-tax Act, 1961

      2 July, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Clause 424 Interest for defaults in payment of advance tax.

      Income Tax Bill, 2025

      Introduction

      Clause 424 of the Income Tax Bill, 2025 ("the Bill") and Section 234B of the Income-tax Act, 1961 ("the Act of 1961") both address the imposition of interest on assessees for defaults in payment of advance tax. These provisions are central to the administration and enforcement of advance tax obligations in India. The legislative framework for advance tax payment seeks to ensure a steady inflow of revenue to the exchequer and to discourage taxpayers from deferring their tax payments until the end of the financial year. Interest for default is thus a crucial fiscal tool, designed both as a compensatory and deterrent measure.

      This commentary undertakes a detailed legal analysis of Clause 424 of the Bill, breaking down its constituent provisions, examining its objectives, and exploring its practical implications. It also undertakes a comparative analysis with Section 234B of the Act of 1961, highlighting similarities, differences, and the potential impact of the proposed changes.

      Objective and Purpose

      The primary objective behind both Clause 424 and Section 234B is to ensure timely compliance with advance tax obligations. The law mandates certain taxpayers to estimate and pay their tax liability in advance, rather than waiting until the end of the assessment year. This system is designed to:

      • Ensure a regular flow of revenue to the government throughout the year;
      • Reduce the burden of a lump-sum tax payment at the end of the year for taxpayers;
      • Encourage accurate self-assessment of tax liability by taxpayers;
      • Penalize and deter defaults or significant shortfalls in advance tax payments through the imposition of interest.

      Historically, the imposition of interest for defaults in advance tax has served as a quasi-penal provision, although courts have repeatedly characterized such interest as compensatory rather than punitive. The quantum of interest and the procedural framework are intended to balance the interests of the revenue with the practical realities faced by taxpayers.

      Detailed Analysis of Clause 424 of the Income Tax Bill, 2025

      1. Triggering Events for Liability (Sub-section (1))

      Clause 424(1) stipulates that interest is payable in the following circumstances:

      • (a) The assessee, who is liable to pay advance tax u/s 404, has failed to pay such tax; or
      • (b) The advance tax paid u/ss 406 or 407 is less than 90% of the "assessed tax".

      The provision thus covers both complete non-payment and partial payment (below the 90% threshold) of advance tax. The threshold of "90% of the assessed tax" is a long-standing benchmark in Indian tax law, intended to provide a reasonable margin for estimation errors while still encouraging substantial compliance.

      The interest is levied at the rate of 1% per month or part thereof, calculated from the 1st April following the tax year until the date of determination of total income u/s 270(1) or completion of regular assessment, whichever is earlier.

      2. Quantum of Assessed Tax and Reductions (Sub-section (2))

      Sub-section (2) defines "assessed tax" as the tax on the total income determined u/s 270(1) or, where a regular assessment is made, the tax on the total income determined under such regular assessment. The provision mandates specific reductions from the assessed tax:

      • (a) Tax deducted or collected at source (TDS/TCS) under Chapter XIX-B;
      • (b) Relief of tax u/s 157;
      • (c) Relief of tax u/s 159(1) (tax paid in a country outside India);
      • (d) Relief of tax u/s 159(2) (tax paid in a specified territory outside India);
      • (e) Deduction u/s 160 (foreign tax deduction);
      • (f) Tax credit set off u/s 206(13).

      This ensures that the interest is computed only on the net tax liability, after accounting for taxes already paid or credited.

      3. Interpretative Clarifications (Sub-section (3))

      Sub-section (3) clarifies certain interpretative aspects:

      • (a) An assessment made for the first time u/s 279 is to be regarded as a regular assessment;
      • (b) Tax on total income determined u/s 270(1) does not include additional income-tax, if any, payable u/s 267;
      • (c) Similarly, tax on total income determined under regular assessment excludes additional income-tax u/s 267.

      These clarifications are crucial to ensure that the computation of interest does not include additional income-tax liabilities that may arise under other provisions.

      4. Adjustment for Tax Paid Before Assessment (Sub-section (4))

      Sub-section (4) addresses situations where the assessee pays tax u/s 266 or otherwise before the determination of total income or completion of regular assessment:

      • (a) Interest is calculated up to the date of such payment and reduced by any interest already paid u/s 266 towards the interest chargeable under this section;
      • (b) Thereafter, interest is calculated on the outstanding shortfall at the same rate until the date of assessment.

      This mechanism ensures that the interest liability is proportionate to the period for which the tax remained unpaid, and avoids double charging of interest.

      5. Interest on Increased Tax Liability Post-Reassessment (Sub-section (5))

      If, as a result of reassessment or recomputation u/s 279, the amount on which interest was payable increases, the assessee is liable to pay additional interest at 1% per month or part thereof, from 1st April following the tax year until the date of reassessment or recomputation. The formula provided (A = B - C) ensures that interest is levied only on the incremental amount.

      6. Interest Adjustment on Appeal or Revision (Sub-section (6))

      Sub-section (6) deals with situations where the assessed tax is increased or reduced as a result of appellate or revisionary orders (u/ss 287288359363365(10)368377, or 378): 

      • Interest is correspondingly increased or reduced;
      • If increased, a notice of demand is served and treated as a notice u/s 289;
      • If reduced, excess interest paid is refunded.

      This ensures that the interest liability tracks the ultimate tax liability as determined through the appellate or revisionary process.

      Comparative Analysis with Section 234B of the Income-tax Act, 1961

      1. Structural Parity and Key Differences

      At a structural level, Clause 424 of the Bill closely mirrors Section 234B of the Act of 1961. Both provisions:

      • Impose interest for failure to pay advance tax or for payment of less than 90% of the assessed tax;
      • Levy interest at 1% per month or part thereof;
      • Define "assessed tax" as the net tax liability after accounting for TDS/TCS, foreign tax reliefs, and tax credits;
      • Provide for recalculation of interest in case of reassessment or appellate orders;
      • Mandate corresponding refund or demand in case of reduction or increase in interest liability post-appeal/revision.

      However, several nuanced differences are evident upon close examination:

      a. Reference to Enabling Sections

      • Section 234B references section 208 (liability to pay advance tax) and section 210 (computation of advance tax), whereas Clause 424 references section 404 (liability to pay advance tax) and sections 406/407 (presumably analogous to section 210 of the old Act).

      b. Reduction from Assessed Tax

      • Section 234B(1) allows reductions for tax deducted/collected at source under Chapter XVII, reliefs u/ss 89, 90, 90A, 91, and tax credits u/ss 115JAA/115JD.
      • Clause 424(2) allows reductions for TDS/TCS under Chapter XIX-B, reliefs u/ss 157, 159(1), 159(2), deduction u/s 160, and tax credit u/s 206(13).
      • The numbering and content of the referenced sections have changed, reflecting a restructuring of the tax code in the new Bill. However, the substantive reliefs (foreign tax credit, TDS/TCS, etc.) are broadly analogous.

      c. Rate of Interest

      • Both provisions stipulate a rate of 1% per month or part thereof. Historically, Section 234B had a higher rate (1.25%), but this was reduced to 1% by later amendments. The Bill maintains the 1% rate.

      d. Period of Interest

      • Both provisions calculate interest from 1st April following the relevant year up to the date of determination of total income (section 143(1) in the old Act, section 270(1) in the Bill) or completion of regular assessment, whichever is earlier.

      e. Treatment of Additional Income-Tax

      • Section 234B (Explanation 3) and Clause 424(3) both clarify that additional income-tax (e.g., u/s 140B or section 267) is to be excluded from the computation of "assessed tax" for the purpose of interest calculation.

      f. Reassessment and Recomputation

      • Section 234B(3) and Clause 424(5) both provide for additional interest in cases where reassessment or recomputation increases the tax liability. Both use a similar formulaic approach to calculate interest on the incremental amount for the relevant period.

      g. Adjustment Following Appeal/Revision

      • Section 234B(4) and Clause 424(6) both mandate upward or downward adjustment of interest liability following orders under specified appellate or revisionary provisions, with corresponding refund or demand procedures.
      • The sections referenced for appellate/revisionary orders differ, reflecting the reorganization of the statute in the Bill.

      h. Settlement Commission Provisions

      • Section 234B(2A) deals with interest liability in cases involving applications to the Settlement Commission (section 245C and 245D). Clause 424 does not contain any explicit provision analogous to section 234B(2A), possibly reflecting a policy shift or structural change in the new Bill regarding settlement mechanisms.

      i. Explanation of "Regular Assessment"

      • Section 234B (Explanation 2) deems assessments u/s 147 or 153A as regular assessments for interest computation. Clause 424(3)(a) provides a similar deeming provision for assessments u/s 279.

      2. Potential Ambiguities and Issues

      • Section References: The renumbering and possible rewording of referenced sections in the Bill may create transitional ambiguities. Stakeholders will need to carefully map old provisions to the new code for compliance and litigation purposes.
      • Exclusion of Settlement Commission: The absence of explicit settlement-related provisions in Clause 424 could affect taxpayers seeking to resolve disputes through settlement, unless such provisions are located elsewhere in the Bill.
      • Definition of "Assessed Tax": The core concept remains, but the precise scope of reductions may differ due to changes in the underlying sections. Practitioners will need to scrutinize the new sections to ensure correct computation.
      • Procedural Provisions: The mechanism for demand and refund of interest post-appeal/revision is preserved, but the procedural sections referenced have changed, necessitating updated compliance protocols.

      3. Policy Continuity and Evolution

      The comparative analysis reveals that Clause 424 is not a radical departure from Section 234B, but rather a modernization and reorganization of the existing law. The policy rationale-ensuring timely advance tax payment and compensating the exchequer for delayed payments-remains unchanged. The Bill appears to streamline the law, update section references, and possibly clarify certain ambiguities.

      The omission of certain features (e.g., Settlement Commission interest provisions) may reflect broader policy changes or a shift towards alternate dispute resolution mechanisms in the new tax code.

      Conclusion

      Clause 424 of the Income Tax Bill, 2025, is a robust and comprehensive provision that preserves the core policy objectives of Section 234B of the Income-tax Act, 1961. It ensures that taxpayers who fail to pay adequate advance tax are subject to a uniform, automatic interest liability, thereby promoting compliance and safeguarding government revenue. The provision is largely a structural restatement of the existing law, with updated section references and minor clarifications.

      The practical implications for taxpayers and tax administrators are significant, as the provision continues to anchor the advance tax regime in India. The transition to the new code will require careful attention to the mapping of old and new provisions, particularly for complex cases involving foreign tax credits, reassessments, and appellate adjustments.

      While the core legal principles remain stable, the new Bill's structure and any policy shifts (such as the treatment of settlement cases) warrant close scrutiny by practitioners. Future judicial interpretation may be required to address ambiguities arising from the transition and to clarify the application of the new provisions in novel factual scenarios.


      Full Text:

      Clause 424 Interest for defaults in payment of advance tax.

      Topics

      ActsIncome Tax