Self-Assessment Under Section 140A

Section 140A mandates taxpayers to self-assess their income, calculate tax liability, and pay any outstanding tax before filing their return. This ensures compliance and avoids penalties for underpayment. Below is a detailed breakdown of its provisions, calculation, and procedures.

1. Key Provisions of Section 140A

(A) Who Must Pay Self-Assessment Tax?

  • All taxpayersfiling returns under:
    • Section 139(Regular, belated, or revised returns)
    • Section 142(1)(Notice for filing return)
    • Section 148(Income escaping assessment)
    • Section 153A(Search cases).

(B) Components of Self-Assessment Tax

  1. Tax on Total Income(After deductions like 80C, 80D).
  2. Interest(Under Sections 234A/B/C for late filing/advance tax defaults).
  3. Fee(Under Section 234F for delayed filing).

(C) Payment Deadline

  • Must be paid before filing the ITR.
  • Late payment attracts interest @1% per monthunder Section 234A.

2. Calculation of Self-Assessment Tax

Step-by-Step Formula

COMPONENT ACTION
Total Taxable Income Compute income from all sources (salary, business, capital gains, etc.).
Add: Surcharge & Cess Apply applicable rates (e.g., 4% health and education cess).
Deduct: TDS/TCS Subtract tax already deducted/collected.
Deduct: Advance Tax Subtract advance tax paid during the year.
Add: Interest (234A/B/C) Include interest for late filing/advance tax shortfall.
Final Tax Payable Pay the balance as self-assessment tax.

Example:

  • Total Tax Liability: ₹2,00,000
  • TDS: ₹1,50,000 | Advance Tax: ₹20,000
  • Interest (234A): ₹10,000
  • Self-Assessment Tax: ₹2,00,000 – ₹1,50,000 – ₹20,000 + ₹10,000 = ₹40,000.

3. How to Pay Self-Assessment Tax?

(A) Online Payment

  1. Visit gov.in→ “e-Pay Tax”.
  2. Select Challan 280→ “Self-Assessment Tax”.
  3. Enter PAN, assessment year (e.g., AY 2025-26), and amount.
  4. Pay via Net Banking/Debit Card/UPI.
  5. Download Challan 280for ITR filing.

(B) Offline Payment

  • Submit Challan 280at authorized bank branches (rarely used now).

4. Consequences of Non-Compliance

  • Interest Penalty: 1% per month under Section 234A.
  • Defective Return: Return may be rejected if tax is unpaid.
  • Best Judgment Assessment: AO may estimate higher income under Section 144.

1.      Consequences of Failure to Pay Self-Assessment Tax (Whole or Part)

Under Section 140A(3) of the Income Tax Act, 1961, failing to pay the full or partial self-assessment tax, interest, or fees before filing the return triggers severe penalties and legal actions. Here’s a detailed breakdown of the consequences:

1. Penalty for Default (Section 140A(3) + Section 221(1))

  • Assessee in Default: The taxpayer is deemed a “defaulter” for the unpaid amount.
  • Penalty Amount:
    • The Assessing Officer (AO) may impose a penalty up to the unpaid tax amount.
    • Example: If ₹50,000 tax is unpaid, the penalty can be up to ₹50,000 (at the AO’s discretion).

2. Interest Charges

  • Section 234A1% per monthon unpaid tax from the return due date (e.g., July 31 for individuals).
  • Section 234B1% monthlyinterest if 90% of advance tax wasn’t paid by March 31.
  • Section 234C: Interest for deferred advance tax instalments.

3. Prosecution (Section 276C)

  • Willful Evasion: Non-payment with intent to evade tax may lead to:
    • Imprisonment: 3 months to 2 years (if tax evaded ≤ ₹25 lakh) or 6 months to 7 years (if > ₹25 lakh).
    • Fine: Determined by the court.

4. Adjustments Against Refunds

  • Any pending refunds (e.g., TDS excess) will be adjusted against unpaid tax.

5. Best Judgment Assessment (Section 144)

  • The AO may estimate income and demand tax without taxpayer consentif returns are invalid due to non-payment
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