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Microlesson · 5-min read

Section 208 - Obligation to Pay Advance Tax

# Section 208 - Obligation to Pay Advance Tax

## Trigger for Advance Tax

Obligation to pay advance tax arises in every case where advance tax payable is ₹10,000 or more.

## Consequence of Not Triggering Section 208

Assessee with advance tax liability < ₹10,000:

  • NOT liable under Section 234B (interest for default in payment)
  • NOT liable under Section 234C (interest for deferment of instalments)
  • STILL liable under Section 234A (interest for belated filing of return)

## Exemption from Advance Tax — Senior Citizens

Resident Senior Citizens (age 60 or more) who:

  • Have passive income (interest, rent, etc.)
  • Do NOT have PGBP income

Are exempt from payment of advance tax.

## How to Calculate Advance Tax Liability

```

Estimated Total Income xxx

Tax Calculation xxx

Less: TDS/TCS** (xxx)

Less: Relief u/s 89 (xxx)

Less: MAT/AMT credit (xxx)

Less: Relief u/s 90/90A/91 (xxx)

------------------------------

Advance Tax Liability xxx

```

TDS/TCS Adjustment Rule:

  • TDS/TCS can be reduced only if actually deducted/collected
  • TDS/TCS deductible/collectible but not actually deducted/collected → CANNOT be reduced

## Due Dates and Instalments

Due DateCumulative Amount Payable
On or before 15th June≥ 15% of advance tax liability
On or before 15th September≥ 45% of advance tax liability
On or before 15th December≥ 75% of advance tax liability
On or before 15th March≥ 100% of advance tax liability

Important: Any amount paid on or before 31st March shall be considered as advance tax paid during the financial year.

Worked example

### Example 1

Example: Mr. X has estimated total tax liability of ₹50,000. TDS deducted is ₹42,000. Is advance tax required?

Answer: Net advance tax = ₹50,000 - ₹42,000 = ₹8,000 (< ₹10,000). No advance tax obligation. Section 234B/234C not applicable. But Section 234A could still apply if return is filed late.

### Example 2

Example: Mr. Y (age 65) is a resident senior citizen earning ₹15 lakhs rental income and ₹3 lakhs interest. No business income. Is advance tax required?

Answer: No. Resident senior citizen with no PGBP income is exempt from advance tax, regardless of liability amount.

### Example 3

Example: Mr. Z's total advance tax liability is ₹1,00,000. He paid ₹10,000 on 15th June. What is the shortfall for first instalment?

Answer: Required by 15th June = 15% × ₹1,00,000 = ₹15,000. Paid = ₹10,000. Shortfall = ₹5,000. Interest u/s 234C will apply on this shortfall.

⚠️ Common exam mistakes

  • Reducing 'TDS deductible' (not actually deducted) while computing advance tax liability — only actually deducted TDS reduces liability
  • Assuming senior citizen exemption applies even if they have PGBP income — exemption requires NO PGBP income
  • Forgetting 234A still applies even when 234B/234C don't (for sub-₹10,000 liability)
  • Misreading instalment percentages as separate vs cumulative — 45% by Sept is CUMULATIVE total
Reference: 208 — Income Tax Act, 1961
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