Section 234A: Interest Penalty on Delayed ITR Filing

Types of Interest Under Section 234

There are 3 different types of interest under section 234 -

• Section 234A - Delay in Filing of ITR
• Section 234B - Delay in payment of advance tax
• Section 234C - Deferred payment of advance tax

Section 234A of Income Tax Act-– Interest for Default in Filing Tax Return

Section 234A of the Income Tax Act in India deals with the interest payable by taxpayers for the delay in filing income tax returns. This section primarily pertains to the payment of interest on the amount of tax that remains unpaid or is not paid within the specified due date for filing income tax returns.

Here are the key points regarding Section 234A:

• Delayed Filing: If an individual or entity fails to file their income tax return by the due date, i.e., 31st July or as specified by the Income Tax Act, they might be liable to pay interest under Section 234A.
• Interest Calculation: The interest is calculated at a simple interest rate of 1% per month or part of a month for the period of delay. The interest is calculated on the amount of tax that remains unpaid.
• Applicability: Section 234A of the Income Tax Act is applicable to cases where there's a delay in filing income tax returns, and there's a tax payable by the taxpayer.
• Exceptions: If there's no tax liability or if the taxpayer has paid all the taxes before the due date, Section 234A might not be applicable. However, it's crucial to file the returns on time, even if there's no tax liability, to avoid potential penalties and complications.
• Penalties: Apart from interest under Section 234A of the Income Tax Act, there could also be penalties for delayed filing or non-filing of income tax returns. These penalties could vary based on the specific circumstances.

Interest Payable in Section 234A

In the case of delay in filing an Income tax return (ITR), the taxpayer has to pay interest @ 1% per month. This amount is calculated on the tax sum that is outstanding. The individual has to pay interest from the first date (after the due date) till the date on which the income tax return is filed. For this also, there are two cases:

• a. If the taxpayer has not claimed his or her tax refund.

  
  In this case, the taxpayer has to pay the interest on the total outstanding tax amount.
  For Example:

  Mr. Viraj had to file his income tax return by 31st July 2018 but delayed and filed his ITR in February 2019 for the financial year 2017-18. His outstanding tax amount is Rs. 2.5 lakh. Mr Viraj delayed his ITR for 7 months( August, September, October, November, December, January, February) ( part of a month is rounded off), and if assumed he had not claimed his tax refund, he will be liable to pay interest as a penalty.
  Interest to be paid will be = 250000*1%*7 =17500

  Under section 234A of the Income Tax Act, Mr. Viraj is liable to pay Rs 17500 as a penalty in the form of interest levied @1% for the months delayed.

• b. If the taxpayer has claimed his or her tax refund.

  
  

  In case the taxpayer claims a tax refund even if he or she has failed to file his income tax return on time, the interest will be charged on the net amount outstanding for him or her. This will be calculated as the total outstanding tax amount minus the tax refund.

  For example: Mr. Tarun is eligible and claims a tax refund of Rs. 40000 while filing his ITR in February 2019. The outstanding amount of tax to be paid is Rs. 150000. The penal interest will be charged on the net value obtained after adjusting the tax refund from the outstanding amount. The net outstanding tax amount = 150000-40000= 110000. Hence, the interest to be paid by him will be = 110000*1%*7= 7700

Avoid paying high interest as a penalty. File your income tax return timely.