Taxpayers with an income tax liability of more than Rs 10,000 need to pay advance tax otherwise they will have to pay penal interest and penalties. To pay this advance tax you need to follow a specified quarterly schedule. So, the deadline to pay the third instalment of advance tax in the third quarter is December 15, 2024, for FY 2024-25. However, considering the fact December 15, 2024, is a Sunday (a public holiday) many taxpayers may have doubt whether they can make this payment on the next working day which is December 16?
The answer is yes, you may very well pay the advance tax on December 16, 2024, without any penal interest. This flexibility is based on a circular issued in 1994, which has still not been superseded. The circular said if the due date to deposit advance tax falls on a public holiday, then the next working day will be the deadline.
"In cases where the last date for making payment of such instalments (i.e., 15th September, 15th December and 15th March) happens to be a holiday and the assessee pays the due amount of advance tax on the next working day….It is hereby clarified that if the last day for payment of any instalments of advance tax is a day on which the receiving bank is closed, the assessee can make the payment on the next immediately following working day, and in such cases, the mandatory interest leviable under sections 234B and 234C of the Income-tax Act, 1961 would not be charged," said the Income Tax Department in a circular dated January 14, 1994.
No penalty of penal interest if you pay your advance tax on Dec 16
According to chartered accountant (Dr.) Suresh Surana, in accordance with the said Circular (January 1994), one can deposit the advance tax for the third installment of FY 2024-25 on December 16, 2024 (Monday), since December 15, 2024, falls on a Sunday, without attracting any penalty or interest.
Experts say that per the Circular, the taxpayer can still pay the Advance Tax on 16th December (next working day). "If, however, due to any other reason, even the next day (Monday) is a bank holiday, then the payment must be made on the immediate next working day (i.e., Tuesday - 17th December 2024). The payment made on the immediately following working day will be treated as if it were paid on the due date. This Circular hence promotes a taxpayer-friendly approach by recognizing operational thereby enhancing compliance without undue hardship. Interestingly, the same Circular is also quoted on the Advance Tax payments Tutorial Page of the Income Tax Website," says Chartered Accountant Himank Singla, Partner, S B H S & Associates.
S. Sriram, Partner, Lakshmikumaran & Sridharan, however sounds a word of caution. "The general principle in law is that, if a statutory due date fall on a holiday, the obligation can be performed on the next working day. In other words, if the due date for payment of taxes fall on a Sunday, the general understanding is that, the taxes can be paid on Monday. The CBDT has clarified it vide a Circular issued in 1994. However, with the changes in law, all companies and other tax payers subject to audit under the Income-tax regulations, are mandatorily required to pay their taxes (including advance taxes) only through electronic medium. So, unless the taxes are remitted though NEFT/RTGS by physically visiting the branch of a bank, the general principle that the taxes can be paid on Monday might not automatically apply to every fact situation. It is possible for the Revenue Authorities to levy interest on delayed payment of taxes, more particularly when the tax payer is a company, or a person liable to tax audit."
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