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Union of India - Section

Section 140A in The Income Tax Act, 1961

140A. [ Self-assessment. [Substituted by Act 42 of 1970, Section 27, for Section 140-A (w.e.f. 1.4.1971).]

- ] [Substituted by Act 22 of 1995, Section 30, for Section 139-A (w.e.f. 1.7.1995).][(1) Where any tax is payable on the basis of any return required to be furnished under ] [Substituted by Act 41 of 1975, Section 41, for sub-Section (1) (w.e.f. 1.4.1976).][section 115-WD or section 115-WH or section 139] [ Substituted by Act 18 of 2005, Section 43, for " Section 139" (w.e.f. 1.4.2006).][or section 142] [Substituted by Act 42 of 1970, Section 27, for Section 140-A (w.e.f. 1.4.1971).] [or section 148 or [section 153-A or, as the case may be, section 158-BC] [Substituted by Act 27 of 1999, Section 63, for " or, as the case may be, section 148" (w.e.f. 1.6.1999).] [Inserted by Act 14 of 2001, Section 60 (w.e.f. 1.6.2001).] [after taking into account,-(i)the amount of tax, if any, already paid under any provision of this Act;(ii)any tax deducted or collected at source;(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;(iv)any relief of tax claimed under section 90-A on account of tax paid in any specified territory outside India referred to in that section; and(v)any tax credit claimed to be set off in accordance with the provisions of section 115-JJA,][the assessee shall be liable to pay such tax together with interest payable under any provision of this Act for any delay in furnishing the return or any default or delay in payment of advance tax, before furnishing the return and the return shall be accompanied by proof of payment of such tax and interest.] [ Substituted by Act 4 of 1988, Section 45, for " the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied by proof of payment of such tax" (w.e.f. 1.4.1989).][Explanation. - Where the amount paid by the assessee under this sub-section falls short of the aggregate of the tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, if any, shall be adjusted towards the tax payable.] [ Inserted by Act 4 of 1988, Section 45 (w.e.f. 1.4.1989).] [ Substituted by Act 21 of 2006, Section 34, for " after taking into account the amount of tax, if any, already paid under any provision of this Act" (w.e.f. 1.4.2007).][[(1-A) For the purposes of sub-section (1), interest payable,-] [Inserted by Act 14 of 2001, Section 61 (w.r.e.f. 1.4.1989).](i)[ under section 234-A shall be computed on the amount of the tax on the total income as declared in the return as reduced by the amount of,- [ Substituted by Act 21 of 2006, Section 34, for Clause (i) (w.e.f. 1.4.2007).](a)advance tax, if any, paid;(b)any tax deducted or collected at source;(c)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;(d)any relief of tax claimed under section 90-A on account of tax paid in any specified territory outside India referred to in that section; and(e)any tax credit claimed to be set off in accordance with the provisions of section 115-JAA;](ii)[ under section 115-WK shall be computed on the amount of tax on the value of the fringe benefits as declared in the return as reduced by the advance tax, paid, if any.] [Substituted by Act 18 of 2005, Section 43, for Sub-Section (1-A) (w.e.f. 1.4.2006).][(1-B) For the purposes of sub-section (1), interest payable under section 234-B 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.] [Inserted by Act 14 of 2001, Section 61 (w.r.e.f. 1.4.1989).][Explanation. - For the purposes of this sub-section , "assessed tax" means the tax on the total income as declared in the return as reduced by the amount of,-(i)tax deducted or collected at source, in accordance with the provisions of Chapter XVII, on any income which is subject to such deduction or collection and which is taken into account in computing such total income;(ii)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;(iii)any relief of tax claimed under section 90-A on account of tax paid in any specified territory outside India referred to in that section; and(iv)any tax credit claimed to be set off in accordance with the provisions of section 115-JAA.]
(2)[ After a regular assessment under ] [Substituted by Act 42 of 1970, Section 27, for Section 140-A (w.e.f. 1.4.1971).][section 115-WE or section 115-WF or section 143] [ Substituted by Act 18 of 2005, Section 43, for " Section 143" (w.e.f. 1.4.2006).][or section 144 ] [Substituted by Act 42 of 1970, Section 27, for Section 140-A (w.e.f. 1.4.1971).] [or [an assessment under section 153-A or section 158-BC] [Inserted by Act 27 of 1999, Section 63 (w.e.f. 1.6.1999).] [ Substituted by Act 21 of 2006, Section 34, for Explanation (w.e.f. 1.4.2007).][has been made, any amount paid under sub-section (1) shall be deemed to have been paid towards such regular assessment ] [Substituted by Act 42 of 1970, Section 27, for Section 140-A (w.e.f. 1.4.1971).][or assessment, as the case may be.] [ Inserted by Act 27 of 1999, Section 63 (w.e.f. 1.6.1999).]
(3)[ If any assessee fails to pay the whole or any part of such tax or interest or both in accordance with the provisions of sub-section (1), he shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the tax or interest or both remaining unpaid, and all the provisions of this Act shall apply accordingly.] [ Substituted by Act 4 of 1988, Section 45, for sub-Section (3) (w.e.f. 1.4.1989).]
(4)[ The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.] [ Inserted by Act 36 of 1989, Section 14 (w.r.e.f 1.4.1989).] [Inserted by Act 14 of 2001, Section 60 (w.e.f. 1.6.2001).]