In our post about introduction of updated return by virtue of section 139(8A) of the Income Tax Act we had discussed about the new provision wherein the assessee could file Income tax return upto 2 years from the end of relevant assessment year.
However, there are a few conditions linked to same. To read it in detail CLICK HERE: Now file updated Income tax return within 2 years from the end of relevant assessment year | Detailed Discussion | Budget 2022 – Taxontips
In that post we had discussed that some additional tax would be required to be paid by such assessee for filing updated return. In this post we shall discuss what that additional tax would be and under which section such additional tax would be paid.
Finance bill, 2022 has introduced section 140B of the Income tax act wherein such person is required to pay additional tax for updated return. Earlier one used to pay tax under section 140A as self assessment tax for filing Income tax return.
Now let’s read the bare provision introduced by Ministry of Finance.
Section 140B.
(1) Where no return of income under sub-section (1) or sub-section (4) of section 139 has been furnished by an assessee and tax is payable, on the basis of return to be furnished by such assessee under sub-section (8A) of section 139, after taking into account,—
(i) the amount of tax, if any, already paid as advance tax;
(ii) any tax deducted or collected at source;
(iii) any relief of tax claimed under section 89;
(iv) any relief of tax or deduction of tax claimed under section 90 or section 91 on account of tax paid in a country outside India;
(v) any relief of tax claimed under section 90A on account of tax paid in any specified territory outside India referred to in that section; and
(vi) any tax credit claimed to be set off in accordance with the provisions of section 115JAA or section 115JD,
the assessee shall be liable to pay such tax together with interest and fee payable under any of the provisions of this Act for any delay in furnishing the return or any default or delay in payment of advance tax, along with the payment of additional income-tax computed in accordance with subsection (3), before furnishing the return and the return shall be accompanied by proof of payment of such tax, additional income-tax, interest and fee.
(2) Where, return of income under sub-section (1) or subsection (4) or sub-section (5) of section 139 (referred to as earlier return) has been furnished by an assessee and tax is payable on the basis of return to be furnished by such assessee under sub-section (8A) of section 139,—
(a) after taking into account,—
(i) the amount of relief or tax referred to in subsection (1) of section 140A, the credit for which has been taken in the earlier return;
(ii) tax deducted or collected at source, in accordance with the provisions of Chapter XVII-B, on any income which is subject to such deduction or collection and which is taken into account in computing total income and which has not been included in the earlier return;
(iii) any relief of tax or deduction of tax claimed under section 90 or section 91 on account of tax paid in a country outside India on such income which has not been included in the earlier return;
(iv) any relief of tax claimed under section 90A on account of tax paid in any specified territory outside India referred to in that section on such income which has not been included in the earlier return;
(v) any tax credit claimed, to be set off in accordance with the provisions of section 115JAA or section 115JD, which has not been claimed in the earlier return; and
(b) as increased by the amount of refund, if any, issued in respect of such earlier return, the assessee shall be liable to pay such tax together with interest payable under any provision of this Act for any default or delay in payment of advance tax along with the payment of additional income-tax, as computed in accordance with sub-section (3), as reduced by the amount of interest paid under the provisions of this Act in the earlier return, before furnishing the return and the return shall be accompanied by proof of payment of such tax, additional income-tax, interest and fee.
(3) For the purposes of sub-sections (1) and (2), the additional income-tax payable at the time of furnishing the return under sub-section (8A) of section 139 shall be equal to,––
(i) twenty-five per cent. of aggregate of tax and interest payable, as determined in sub-section (1) or subsection (2), as the case may be, if such return is furnished after expiry of the time available under sub-section (4) or sub-section (5) of section 139 and before completion of the period of twelve months from the end of the relevant assessment year; or
(ii) fifty per cent. of aggregate of tax and interest payable, as determined in sub-section (1) or sub-section (2), as the case may be, if such return is furnished after the expiry of twelve months from the end of the relevant assessment year but before completion of the period of twenty-four months from the end of the relevant assessment year.
Explanation.––For the purposes of computation of “additional income-tax”, tax shall include surcharge and
cess, by whatever name called, on such tax.
(4) Notwithstanding anything contained in Explanation 1 to section 234B, for the purposes of sub-section (2), interest payable under section 234B shall be computed on an amount equal to the assessed tax or, as the case may be, on the amount by which the advance tax paid falls short of the assessed tax, where, “assessed tax” means the tax on the total income as declared in the return to be furnished under sub-section (8A) of section 139,––
(a) after taking into account,—
(i) the amount of relief or tax referred to in subsection (1) of section 140A, the credit for which has been claimed in the earlier return;
(ii) tax deducted or collected at source, in accordance with the provisions of Chapter XVII-B, on any income which is subject to such deduction or collection and which is taken into account in computing such total income, which has not been included in the earlier return;
(iii) any relief of tax or deduction of tax claimed under section 90 or section 91 on account of tax paid in a country outside India on such income which has not been included in the earlier return;
(iv) any relief of tax claimed under section 90A on account of tax paid in any specified territory outside India referred to in that section on such income which has not been included in the earlier return;
(v) any tax credit claimed, to be set off in accordance with the provisions of section 115JAA or section 115JD, which has not been claimed in the earlier return; and
(b) as increased by the amount of refund, if any, issued in respect of such earlier return.
(5) If any difficulty arises in giving effect to the provisions of this section, the Board may, with the approval of the Central Government, by notification in the Official Gazette, issue guidelines for the purpose of removing the difficulty.
(6) Every guideline issued under sub-section (5) shall be laid before each House of Parliament.
Explanation.—For the purposes of this section,—
(i) interest payable under section 234A, for the purposes of sub-section (1), shall be computed on the amount of tax on the total income as declared in the return, under sub-section (8A) of section 139, in accordance with the provisions of sub-section (1A) of section 140A;
(ii) interest payable under section 234C, for the purposes of sub-section (2), shall be computed after taking into account the total income furnished in the return under sub-section (8A) of section 139 as the returned income;
(iii) interest payable, for the purposes of subsection (3), shall be the interest chargeable under any provision of this Act, on the income as per return furnished under sub-section (8A) of section 139, as reduced by interest paid, in accordance with the earlier return, if any:
Provided that for the purposes of this clause, the interest paid in the earlier return shall be nil if such return is an updated return referred to in sub-section (1).”
Important takeaways from the above provision is as under:
- There are two types of calculation provided above for two different scenario’s, one where no return of income has been furnished and two where return of income has been furnished.
- In a scenario where no return of income has been furnished due to any reason or error by assessee and assessee had already deposited self assessment tax under section 140A, such tax will not be considered for calculating additional tax and hence the assessee will have to pay additional 25% to 50% tax on such tax paid under section 140A depending on the time period while filing updated return.
- In a scenario where return of income has been furnished tax paid under section 140A shall also be considered while calculating additional tax and interest under section 234B.
- Additional tax which needs to be paid is 25% of tax calculated above (i.e. 25% of tax and interest) if return is furnished within 12 months from the end of assessment year and 50% additional tax (i.e. 50% of tax and interest) if return is filed between 12 months to 24 months.
- It is interesting to note that section 139(8A) doesn’t rejects or disallow a person who is filing return with zero loss, zero tax and zero refund. Thus, if a person wishes to file return with normal income upto 500000 he can now simply do that by filing updated return and a small amount of late fees.
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