Section 209:
Computation of advance tax.
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(1) The amount of advance tax payable by an assessee in the
financial year shall, subject to the provisions of sub-sections (2) and (3), be computed as follows,
namely:—
(a) where the calculation is made by the assessee for the purposes of payment of advance tax
under sub-section (1) or sub-section (2) or sub-section (5) or sub-section (6) of section 210, he shall
first estimate his current income and income-tax thereon shall be calculated at the rates in force in the
financial year;
(b) where the calculation is made by the Assessing Officer for the purpose of making an order
under sub-section (3) of section 210, the total income of the latest previous year in respect of which
the assessee has been assessed by way of regular assessment or the total income returned by the
assessee in any return of income furnished by him for any subsequent previous year, whichever is
higher, shall be taken and income-tax thereon shall be calculated at the rates in force in the financial
year;
(c) where the calculation is made by the Assessing Officer for the purpose of making an
amended order under sub-section (4) of section 210, the total income declared in the return furnished
by the assessee for the later previous year, or, as the case may be, the total income in respect of which
the regular assessment, referred to in that sub-section has been made, shall be taken and income-tax
thereon shall be calculated at the rates in force in the financial year;
(d) the income-tax calculated under clause (a) or clause (b) or clause (c) shall, in each case, be
reduced by the amount of income-tax which would be 2
deductible or collectible at source during the
said financial year under any provision of this Act from any income (as computed before allowing
any deductions admissible under this Act) which has been taken into account in computing the
current income or, as the case may be, the total income aforesaid; and the amount of income-tax as so
reduced shall be the advance tax payable:
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Provided that for computing liability for advance tax, income-tax calculated under clause (a) or
clause (b) or clause (c) shall not, in each case, be reduced by the aforesaid amount of income-tax
which would be deductible or collectible at source during the said financial year under any provision
of this Act from any income, if the person responsible for deducting tax has paid or credited such
income without deduction of tax or it has been received or debited by the person responsible for
collecting tax without collection of such tax.
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(2) Where the Finance Act of the relevant year provides that, in the case of any class of assessees,
net agricultural income (as defined in that Act) shall be taken into account for the purposes of computing
advance tax, then, the net agricultural income to be taken into account in the case of any assessee falling
in that class, shall be—
(a) in cases 5
where the Assessing Officer makes an order under sub-section (3) or sub-section
(4) of section 210,—
(i) if the total income of the latest previous year in respect of which the assessee has been
assessed by way of regular assessment forms the basis of computation of advance tax payable by him,
the net agricultural income which has been taken into account for the purposes of charging incometax for the assessment year relevant to that previous year; or
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(ii) if the total income declared by the assessee for the later previous year referred to in subsection (4) of section 210 forms the basis of computation of advance tax, the net agricultural income
as returned by the assessee in the return of income for the assessment year relevant to such later
previous year;
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(b) in cases where the advance tax is paid by the assessee on the basis of his estimate of his current
income under sub-section (1) or sub-section (2) or sub-section (5) or sub-section (6) of section 210, the
net agricultural income, as estimated by him, of the period which would be the previous year for the
immediately following assessment year.
(3) Where the Finance Act of the relevant year specifies any separate rate or rates for the purposes of
computing advance tax in the case of every Hindu undivided family which has at least one member whose
total income of the previous year exceeds the maximum amount not chargeable to income-tax in his case,
then, the 8
Assessing Officer shall, for making an order under 9
sub-section (3) or sub-section (4)
of section 210 in the case of any such Hindu undivided family, compute (subject to the provisions
of section 164) the advance tax at such rate or rates—
(a) in a case where the total income of the latest previous year in respect of which the Hindu
undivided family has been assessed by way of regular assessment forms the basis of computation of
advance tax, if the total income of any member of the family for the assessment year relevant to such
latest previous year exceeds the maximum amount not chargeable to income-tax in his case;
(b) in a case where the total income of the previous year 10
in respect of which a return of income is
furnished by the Hindu undivided family under section 139 or in response to a notice under sub-section
(1) of section 142 forms the basis of computation of advance tax, if the total income of any member of
the family for the assessment year relevant to such previous year exceeds the maximum amount not
chargeable to income-tax in his case.
Notes:
1. Subs. by Act 4 of 1988, s. 77, for sub-section (1) (w.e.f. 1-4-1988).
2. Subs. by Act 3 of 1989, s. 35, for “deductible at source” (w.r.e.f. 1-6-1988).
3. Ins. by Act 23 of 2012, s. 83 (w.e.f. 1-4-2012).
4. Ins. by Act 20 of 1974, s. 11 (w.e.f. 1-4-1974).
5. Subs. by Act 4 of 1988, s. 77, for “where the assessee sends a statement under sub-section (1) of section 209A or where
the Income-tax Officer makes an order under sub-section (1) or sub-section (3) of section 210” (w.e.f. 1-4-1988).
6. Subs. by s. 77, ibid., for sub-clause (ii) (w.e.f. 1-4-1988).
7. Subs. by s. 77, ibid.,for clause (b) (w.e.f. 1-4-1988).
8. Subs. by s. 2, ibid., for “Income-tax Officer” (w.e.f. 1-4-1988).
9. Subs. by s. 77, ibid., for “under section 210” (w.e.f. 1-4-1988).
10. Subs. by s. 77, ibid., for “on the basis of which tax has been paid by the Hindu undivided family under section 140A”
(w.e.f. 1-4-1988).