Section 410 · Collection & recovery
Section 410 of the Income-tax Act, 2025 — Credit for Advance Tax in Regular Assessment
By CA Rajat Agrawal
Updated 05 Jul 2026
Chapter XIX
📜 What the law says — Section 410, Income-tax Act 2025
410. Any sum, other than a penalty or interest, paid by or recovered from an
assessee as advance tax in pursuance of this Part shall be treated as a
payment of tax in respect of the income of the tax year in which it was payable, and
credit therefor shall be given to such assessee in the regular assessment.
D.—Collection and Recovery
When tax payable and when assessee deemed in default.
In plain language
What Section 410 says in plain English
Section 410 of the Income-tax Act, 2025 answers a very practical question every taxpayer eventually asks: "I paid advance tax during the year — do I actually get to set it off against my final tax bill?" The answer is yes. Section 410 provides that any amount — other than penalty or interest — paid by you, or recovered from you, as advance tax shall be treated as a payment of tax on the income of the tax year in which it was payable, and credit for it must be given to you in the regular assessment.
In simple terms, advance tax is not a separate or lost payment. It is money you have already deposited towards your income-tax for that year, and when your return is assessed, that amount is knocked off from your total tax liability. You only pay the balance (or claim a refund if you have overpaid). This section is the successor to Section 219 of the Income-tax Act, 1961 and applies from 1 April 2026.
Who does it apply to?
- Every assessee who pays advance tax — individuals, HUFs, firms, LLPs, companies and others whose tax liability for the year is ₹10,000 or more (advance tax liability itself arises under the advance-tax provisions, broadly Sections 403–408 of the 2025 Act).
- Assessees from whom advance tax is recovered — the credit is given whether you paid voluntarily or the amount was recovered by the tax authorities.
- It is a machinery/credit provision, so it benefits anyone who has any advance tax standing to their name for the year.
Key conditions and limits
- Only the tax component gets credit. Any penalty or interest that you paid is expressly excluded — you cannot claim credit for those against your tax liability.
- Credit is for the correct tax year. The advance tax is treated as tax paid for the year in which it was payable, not necessarily the year you happened to deposit it. This prevents mismatches.
- Credit is given at regular assessment. The formal set-off happens when the Assessing Officer completes the assessment (or when your return is processed), ensuring the paid amount reduces the computed liability.
How it interacts with related provisions
- Advance tax liability and instalments — Section 410 works hand-in-hand with the sections that make you liable to pay advance tax and fix the instalment due dates (15 June, 15 September, 15 December, 15 March).
- Interest for default (old Sections 234B/234C) — if you underpay or defer advance tax, interest is charged separately. Section 410 does not waive that interest; it only governs the credit for the tax paid.
- TDS/TCS and self-assessment tax — advance tax credit sits alongside credit for tax deducted at source, tax collected at source and self-assessment tax; together they reduce your net payable.
- Refunds — if advance tax plus TDS/TCS exceed your final liability, the excess becomes refundable with applicable interest.
Practical implications
- Keep your challan details (BSR code, challan serial number, date, amount) and reconcile them with Form 26AS / the Annual Information Statement so the credit is picked up automatically.
- Because penalty and interest are excluded, do not expect the interest you paid under default provisions to reduce your tax — it is a cost, not a credit.
- Paying advance tax on time both secures this credit and helps you avoid interest for deferment/short payment, which is the more expensive mistake.
💡 Example
Worked example 1 — Salaried professional with capital gains. Ms. Anjali estimates her total tax for FY 2026-27 at ₹1,80,000. Her employer deducts ₹1,20,000 as TDS. To cover the shortfall on her capital gains, she pays advance tax of ₹60,000 in instalments during the year. At assessment, Section 410 requires that the ₹60,000 advance tax be credited as tax already paid for that year. Her position: ₹1,80,000 total tax − ₹1,20,000 TDS − ₹60,000 advance tax = ₹0 balance. No further tax and no refund.
Worked example 2 — Business paying advance tax with a penalty. A firm pays ₹5,00,000 as advance tax during the year but also pays ₹10,000 as interest for deferment of an instalment. Under Section 410, only the ₹5,00,000 advance tax is treated as tax paid and credited in the regular assessment. The ₹10,000 interest is not creditable — it is an additional cost. If the firm's final assessed tax is ₹4,70,000, it gets a refund of ₹30,000 (₹5,00,000 − ₹4,70,000), plus any refund interest, but the ₹10,000 interest paid is gone.
A relatable story. Think of advance tax like paying for your electricity in monthly instalments before the annual bill arrives. When the final bill (assessment) comes, the utility subtracts everything you have already paid and asks only for the balance — or refunds you if you paid too much. Section 410 is the legal promise that those advance instalments are properly counted, so you are never made to "pay twice" for the same year's tax.
| Aspect | Position under Section 410, Income-tax Act, 2025 |
|---|
| What gets credit | Advance tax paid by, or recovered from, the assessee |
| What is excluded | Penalty and interest — no credit allowed |
| Treated as | Payment of tax for the tax year in which it was payable |
| When credit is given | At the time of regular assessment |
| 1961 Act equivalent | Section 219 |
| Effective from | 1 April 2026 |
| Advance tax threshold | Tax payable for the year ₹10,000 or more |
| Typical instalment dates | 15 Jun (15%), 15 Sep (45%), 15 Dec (75%), 15 Mar (100%) — cumulative |
Related sections
Section 219 (1961 Act) — Credit for advance tax (predecessor) Section 408 — Instalments and due dates for advance tax Section 405 — Computation of advance tax Section 424 — Interest for default in payment of advance tax (old 234B) Section 425 — Interest for deferment of advance tax instalments (old 234C) Section 393 — TDS / credit for tax deducted at source
Frequently asked questions
Does advance tax I paid reduce my final tax bill?
Yes. Section 410 requires that advance tax paid or recovered be treated as tax already paid for that year and credited against your total liability at regular assessment. You pay only the balance, or get a refund if you overpaid.
Can I get credit for the interest I paid on late advance tax?
No. Section 410 expressly excludes penalty and interest from the credit. Only the advance tax (the tax component) is creditable; interest and penalty are costs you cannot set off against tax.
Which section of the old Income-tax Act 1961 does Section 410 replace?
It replaces Section 219 of the Income-tax Act, 1961. The purpose is the same — to grant credit for advance tax — with modernised drafting effective from 1 April 2026.
When exactly is the advance tax credit given?
The credit is given in the regular assessment, i.e. when your return is processed or the Assessing Officer completes the assessment for that tax year. The advance tax is attributed to the year in which it was payable.
What if my advance tax plus TDS is more than my final tax?
Then you have overpaid. After crediting advance tax and TDS/TCS under the relevant provisions, the excess is refunded to you, generally with interest on the refund as per the Act.
Do senior citizens get advance tax credit too?
Yes, if they pay advance tax. However, a resident individual aged 60 or above with no income from business or profession is generally not required to pay advance tax in the first place, so the question of credit arises only if they choose to pay.
How do I make sure the department actually gives me the credit?
Keep your challan details (BSR code, serial number, date, amount) and reconcile them with your Form 26AS / Annual Information Statement so the advance tax reflects correctly and is auto-credited when you file.
C
CA Rajat Agrawal
Chartered Accountant, EaseValue · Reviewed 05 Jul 2026
This explainer is prepared and reviewed by EaseValue's tax team, based on the text of the Income-tax Act, 2025 (as amended by the Finance Act, 2026).
Disclaimer: This page explains the law in general terms for education and is not professional advice. The Income-tax Act, 2025 takes effect from 1 April 2026; provisions, thresholds and interpretations may change. Please confirm your specific position with our team before acting.
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