407.(1) Where a person has already been assessed for the total income of any
tax year by way of regular assessment and the Assessing Officer is of the opinion
that such person is liable to pay advance tax, he may require such person to pay
advance tax on the specified sum, calculated in the manner laid down in
section 405, by an order in writing, specifying the instalment or instalments in which
such tax is to be paid, on or before the due date of each instalment specified in
section 408.
(2)The order referred to in sub-section (1) may be passed at any time during
the Financialyear but not later than the last day of February of such Financialyear
and it shall be followed by issuance of notice of demand under section 289.
(3)Insub-section (1), “specified sum” means a sum,being higher of,–
(a)the total income of the latest tax year in respect of which the assessee
has been assessed by way of regular assessment; or
(b) total income returned by the assessee in any return of income
furnished by himfor any subsequent tax year.
(4)If after making of an order by the Assesing Officer under sub-section (1),—
(a)a return of income is furnished by the assessee, under section 263 or
in response to a notice under section 268; or
(b)a regular assessment of the income is made in respect of a tax year,
later than the assessment referred to in sub-section (1),
the Assessing Officer may amend the order referred to in sub-section (1), and may
require such assessee to pay advance tax on the specified sum, calculated in the
manner laid down in section 405, on or before the due date of each instalment
specified in section 408.
(5)The order referred to in sub-section (4) may be passed at any time before
the 1st March of that tax year and it shall be followed by issuance of a demand notice
under section 289.
(6)In sub-section (4), “specified sum” means the total income declared in the
return of income or computed in regular assessment mentioned in sub-section (4)(a)
and (b), respectively.
(7) If the notice of demand issued under section 289, as referred in
sub-sections (2) and (5), is served after any of the due dates specified in
section 408, the appropriate part or, the whole of the amount of the advance tax
specified in such notice, shall be payable on or before each of the due date falling
after the date of service of the notice of demand. (8)Where a person, who is served with an order referred to in sub-section (1)
or(4), estimates the advance tax payable on his current income to be lower than the
amount of advance tax specified in the said order, then, he may send an intimation
in the prescribed form to the Assessing Officer to that effect, and pay such advance
tax on the current income, calculated in the manner laid down in section 405as
accords with his estimate, at an appropriate percentage thereof on or before the due
date of each instalment specified in section 408 falling after the date of such
intimation.
(9)Where a person, who is served with an order referredtoin sub-section (1)
or(4), estimates that advance tax payable on his current income would exceed the
amount of advance tax specified in such order or intimated by him under
sub-section (8), he shall pay such advance tax on the current income,calculated in
the manner laid down in section 405at the appropriate part or whole of such higher
amount of advance tax as accords with his estimate, on or before the due date of the
last instalment specified in section 408.
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