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Penalties Section 234A — Interest for Default in Furnishing Return

Section 234A — Interest for Default in Furnishing Return

Income Tax Act 1961234A

1% per month (or part thereof) on unpaid tax from the due date of filing until the date of filing. Applies when self-assessment tax remains outstanding on the return due date.

The Penalty

1% per month or part thereof (simple interest)

Cap
None — accumulates until return is filed
Calculation base
Tax assessed minus TDS deducted minus advance tax paid minus self-assessment tax paid before due date
Period
From the day after due date of return to the date of furnishing return (or date of assessment order, whichever is earlier)

When does this apply?

Tax due (net of TDS and advance tax) is outstanding at the time the return should have been filed

Calculate this amount

This estimate applies only the rate and caps published in the authored rule for this page.

₹2,000₹1,00,000 × 1% × 2 months

Worked examples

ScenarioCalculationResult
Tax due ₹1,00,000, return filed 2 months late₹1,00,000 × 1% × 2 = ₹2,000₹2,000
Tax due ₹5,00,000, return filed 4 months late (partial month = full month)₹5,00,000 × 1% × 4 = ₹20,000₹20,000
Tax due ₹2,00,000, filed 45 days late (rounds up to 2 months)45 days = 2 months (part month = full month) → ₹2,00,000 × 1% × 2 = ₹4,000₹4,000

How it is levied

Self-assessed by taxpayer at time of filing; also levied by AO in assessment/reassessment. No separate notice required.

⚠ VERIFY

Whether s.234A interest applies when TDS fully covers tax liability but return is filed late — technically, if net tax payable (tax minus TDS) is NIL, s.234A interest = NIL even if return is late. Confirm with your CA for the specific case.

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