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Statutory Provisions Related to Advance Tax Payment

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Under the advance tax system, income tax is required to be paid during the financial year in which the income is earned, rather than at the time of filing the Income Tax Return. This ensures a steady collection of taxes by the government and reduces the burden of lump-sum payment at year-end.

As per the Income Tax Act, a taxpayer is liable to pay advance tax if the total tax liability for the financial year exceeds ₹10,000.

Meaning of Advance Tax

Advance tax refers to the payment of income tax in installments during the financial year in which the income is earned, instead of paying the entire amount as a lump sum after the end of the financial year. It is commonly known as the “pay-as-you-earn” system of taxation.

The provisions relating to advance tax are contained in Sections 207 to 219 of the Income Tax Act, 1961.

Under this mechanism, a taxpayer estimates his or her total income for the financial year at the beginning (or during the course) of the year and accordingly computes the expected tax liability. Based on this estimated liability, advance tax is required to be paid in specified percentages across four installments, as per the due dates prescribed by the Income Tax Department.

Liability to Pay Advance Tax (Section 208)

As per Section 208 of the Income Tax Act, 1961, every assessee is required to pay advance tax if the estimated tax liability for the financial year exceeds ₹10,000.

The liability is determined after considering the total estimated income and calculating the expected tax payable for the year.

Adjustment of TDS

While computing advance tax liability:

  • Tax Deducted at Source (TDS) is reduced from the total estimated tax.
  • If, after adjusting TDS, the remaining tax payable is ₹10,000 or more, the taxpayer is still required to pay advance tax.

Applicability

The provisions of advance tax apply to:

  • Salaried individuals
  • Freelancers and professionals
  • Business owners
  • Companies and other entities

In short, it applies to all categories of taxpayers, subject to the ₹10,000 threshold limit.

Exception – Senior Citizens

A special exemption is provided to certain senior citizens:

  • Individuals aged 60 years or more who do not have income from business or profession are not required to pay advance tax.
  • However, senior citizens having business or professional income are required to comply with advance tax provisions if their tax liability exceeds ₹10,000.

Advance Tax Due Dates & Payment Schedule

For regular taxpayers (individuals, professionals, businesses, and companies):

InstallmentDue DateMinimum Advance Tax Payable
1st Installment15th June 2025At least 15% of estimated tax liability
2nd Installment15th September 2025At least 45% of liability (cumulative)
3rd Installment15th December 2025At least 75% of liability (cumulative)
4th Installment15th March 2026100% of liability (cumulative)

Special Rule for Presumptive Taxpayers

Taxpayers opting for presumptive taxation under Sections 44AD or 44ADA (small businesses/professionals) can pay their entire advance tax (100%) in one installment on or before 15th March 2026.

Important Notes

  • Advance tax applies only if your estimated total tax payable (after adjusting TDS/TCS) exceeds ₹10,000 in the financial year.
  • Payments must be made in full by the due dates above to avoid interest under Sections 234B (default) and 234C (deferment).

How to Pay Advance Tax Online?

Advance tax can be paid easily through the Income Tax e-Filing Portal. Below is a step-by-step professional guide:

Step 1: Visit the Income Tax Portal

Go to: https://www.incometax.gov.in

You can pay advance tax:

  • After logging in, or
  • Without logging in (Quick Links option)

Step 2: Click on “e-Pay Tax”

On the homepage:

  • Go to Quick Links
  • Click on “e-Pay Tax”

Enter:

  • PAN / TAN
  • Mobile number
  • OTP verification

Step 3: Select “Income Tax”

Choose:

  • Assessment Year (For FY 2025–26, select AY 2026–27)
  • Select Advance Tax (100) as payment type

Step 4: Enter Tax Details

Fill in:

  • Basic Tax
  • Surcharge (if applicable)
  • Health & Education Cess
  • Interest (if any under 234B/234C)

The system will auto-calculate the total payable amount.

Step 5: Choose Payment Mode

You can pay via:

  • Net Banking
  • Debit Card
  • UPI
  • NEFT/RTGS
  • Payment Gateway

Step 6: Make Payment & Download Challan

After successful payment:

  • Download Challan Receipt (BSR Code & Challan No.)
  • Save it for records
  • It will be reflect in Form 26AS / AIS

Important Points

  • Select correct Assessment Year
  • Select correct Challan Type – 100 (Advance Tax)
  • Verify PAN carefully
  • Keep payment receipt safely

Consequences of Delay in Payment of Advance Tax

Timely payment of advance tax is a statutory obligation. Delay or short payment may lead to financial implications in the form of interest and possible notices from the Income Tax Department.

1. Interest under Section 234C – Deferment of Installments

If a taxpayer fails to pay the required percentage of advance tax by the prescribed due dates, interest under Section 234C is applicable.

  • Charged at 1% per month
  • Applicable for delay in each installment
  • Calculated on the shortfall amount

2. Interest under Section 234B – Default in Payment

If:

  • Advance tax is not paid, or
  • Advance tax paid is less than 90% of total tax liability,

Then interest under Section 234B will apply.

  • Charged at 1% per month or part thereof
  • Calculated from 1st April of the assessment year until the date of payment

3. Additional Financial Burden

Delay results in:

  • Increased total tax liability due to interest
  • Reduced liquidity at year-end
  • Possible tax notices for non-compliance

## Even if TDS is deducted, taxpayers must ensure that the remaining tax liability (if any) is discharged through advance tax to avoid interest liability.

Conclusion

It is essential for taxpayers to pay advance tax within the prescribed due dates whenever applicable. Non-payment or short payment of advance tax may attract interest under Section 234B (for default in payment of advance tax) and Section 234C (for deferment of advance tax installments) of the Income Tax Act, 1961. Interest under both sections is generally levied at 1% per month or part of a month, as applicable.

On the other hand, if a taxpayer has paid excess advance tax compared to the actual tax liability, the excess amount is eligible for refund, subject to adjustment at the time of filing the Income Tax Return. The refund, if any, will be processed by the Income Tax Department along with applicable interest under Section 244A, where eligible.

Frequently Asked Questions (FAQs)

1. What is Advance Tax?

Advance tax is income tax paid in installments during the financial year instead of paying the entire amount at the time of filing the Income Tax Return.

2. Who is required to pay Advance Tax?

Any taxpayer whose estimated tax liability for the financial year is ₹10,000 or more after adjusting TDS/TCS is required to pay advance tax.

3. Are salaried individuals required to pay Advance Tax?

Yes, if TDS deducted by the employer is insufficient and the remaining tax liability exceeds ₹10,000, salaried individuals must pay advance tax.

4. Are senior citizens required to pay Advance Tax?

Senior citizens (aged 60 years or more) not having income from business or profession are exempt from paying advance tax.
However, those having business or professional income must comply.

5. How many installments are required for Advance Tax?

For regular taxpayers, advance tax is payable in four installments:

  • 15 June – 15%
  • 15 September – 45% (cumulative)
  • 15 December—75% (cumulative)
  • 15 March – 100%

6. What is the special rule for presumptive taxpayers?

Taxpayers opting for presumptive taxation under Sections 44AD or 44ADA can pay the entire advance tax in one installment on or before 15 March of the financial year.

7. What happens if Advance Tax is not paid on time?

Interest may be charged under:

  • Section 234C (deferment of installments)
  • Section 234B (default in payment)

Interest is generally levied at 1% per month or part thereof.

8. Can excess Advance Tax be refunded?

Yes, if advance tax paid exceeds actual tax liability, the excess amount will be refunded after filing the Income Tax Return, along with applicable interest under Section 244A.

9. How can Advance Tax be paid?

Advance tax can be paid online through the Income Tax e-Filing Portal using Challan 280 (Advance Tax—Code 100).

10. Is Advance Tax applicable to freelancers and professionals?

Yes, freelancers, consultants, and professionals must pay advance tax if their estimated tax liability exceeds ₹10,000.

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