Section 234B(1) of the Income Tax Act, 1961, imposes interest if an assessee either:
- Fails to pay advance tax(even if liable), or
- Pays less than 90% of the total tax due(or 100% for non-tax audit cases).
(A) Key Provisions of Section 234B(1)
- When is Interest Charged?
Interest applies if:
-
- Advance tax paid is less than 90%of the actual tax liability (or 100% for non-tax audit cases).
- No advance tax was paiddespite having taxable income.
- Rate of Interest
-
- 1% per month (simple interest)on the shortfall amount.
- Period of Interest Calculation
-
- From April 1of the assessment year (next financial year)
- Till the date of actual payment(or regular assessment, if earlier).
- Tax Liability Considered
Interest is calculated on:
Total tax liability (after TDS/TCS/Reliefs)
Minus:
-
- Advance tax paid (if any)
- Tax deducted/collected at source (TDS/TCS).
(B) Example Calculation
Scenario:
- Total tax liability for FY 2024-25 (AY 2025-26):₹1,00,000
- TDS deducted:₹20,000
- Advance tax paid:₹50,000
- Balance tax paid on 15th July 2025 (after filing ITR).
Step 1: Check if 90% Rule is Met
- 90% of tax liability:₹90,000
- Total payments (TDS + Advance Tax):₹20,000 + ₹50,000 = ₹70,000
- Shortfall:₹90,000 – ₹70,000 = ₹20,000
Step 2: Interest Calculation
- Period:April 1, 2025, to July 15, 2025 → 5 months (rounded to 4 months)
- Interest:₹20,000 × 1% × 4 = ₹800
(C) Key Exceptions & Important Points
- No Interest if Total Tax < ₹10,000(No advance tax required).
- Salaried Employees (without business income)generally don’t need to pay advance tax (TDS covers liability).
- Interest is Mandatory– Even if the assessee was unaware of liability.
- Adjustments Possible– If tax liability changes after appeal/revision, interest is recalculated.
(D) Comparison with Section 234C (Deferment of Advance Tax)
ASPECT | SECTION 234B (SHORTFALL IN ADVANCE TAX) | SECTION 234C (DELAY IN INSTALLMENTS) |
Trigger | Total advance tax < 90% of liability | Missed/delayed installment payments |
Interest Rate | 1% per month | 1% per month (on deferred amount) |
Period | From April 1 of AY till payment | Only for the delay period of each installment |
Applies to | All taxpayers liable for advance tax | Only if installments are delayed |
(E) How to Avoid Section 234B Interest?
✔ Estimate income correctly and pay 90%+ of tax in advance (or 100% if no tax audit).
✔ Use Form 28A (for waiver in genuine hardship cases).
✔ File ITR early to reduce interest period.