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  1. Senior citizen accidentally makes an intra‑day trade while tax harvesting. Should he pay advance tax now?

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Senior citizen accidentally makes an intra‑day trade while tax harvesting. Should he pay advance tax now?

balwant jain

4 min read | Updated on March 19, 2026, 18:56 IST

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SUMMARY

No penalty is levied for delay in payment of advance tax or for failure to pay advance tax during the same financial year, but interest is only required to be paid for such default.

senior citizen tax harvesting and advance tax

For failure to pay any instalment of advance tax, the taxpayer has to pay interest. | Image source: Shutterstock

Senior citizens are not required to pay advance tax if they do not have any income from a business or profession. Intra-day trading profits are, however, treated as speculative business income for tax purposes. This means that even a single intra-day trading activity makes a senior citizen liable to pay advance tax.
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Ideally, one should clear all advance tax by March 31, even if the March 15 deadline has passed. Today's Q&A explains this further in response to a senior citizen's query.

Question: I was doing a transaction for tax loss harvesting today. I sold some shares of Greaves Cotton Ltd (GREAVESCOT) and bought some shares of Texmaco Rail & Engineering Ltd (TEXRAIL). When I found that the price of Texrail was coming down further, I tried to place another buy order with the available funds, but by mistake, it was placed as a sale transaction. The transaction was executed immediately with the current market price, as I had not modified the price. Details of the Texrail buy and sell transactions are as follows:

10.18 AM TEXRAIL shares buy quantity 2500 value @ ₹90.50 = ₹226,250.00

10.33 AM TEXRAIL shares sell quantity 850 value @ ₹91.06 = ₹77,401.00

When I realised the mistake, I immediately contacted my sharebroker to get the entry cancelled as it was done by mistake. They expressed their inability to cancel the entry as the transaction was already executed.

Kindly advise me how to avoid reporting this intraday transaction through ITR-3 with a penalty for the failure to pay advance tax for past quarters. I am 77 years of age. I did not intend to do any intraday transaction. I have not done any intraday transactions so far during this year and in earlier years. My capital gain earnings transactions were made during May, October, and November 2025, for which advance tax was not remitted.

Even otherwise, after tax loss harvesting, I was prepared to remit the entire tax due on 15-03-2026, being the last date for remittance of advance tax. Since the last date for payment of advance tax has passed, the tax department may levy a penalty for failure to pay advance tax instalments. That is my apprehension. Kindly advise how to go about it to avoid any penalty for failure to pay the advance tax for the earlier quarters due to this intraday transaction.

Answer: As per the income tax laws, every taxpayer whose net tax liability after adjusting the tax deducted from his income and tax collected from him exceeds ₹10,000 has to pay advance tax in four quarterly instalments on 15th June, 15th September, 15th December, and 15th March of the financial year.

For failure to pay any instalment of advance tax, the taxpayer has to pay interest on the amount of the instalment not paid. The amount of the missed instalment can be paid with the next instalment.

Senior citizen taxpayers aged above 60 years are not required to pay advance tax if they do not have any income from Business or Profession.

All the transactions of purchase and sale that are squared off without actual delivery are treated as speculative business transactions and are taxed under the business income head.

Though there is an isolated transaction of speculative nature in your case, which can be reported under the head “Income from other sources", strictly speaking, it has to be reported under the business income head and thus disqualifies you from exemption from the requirement of having to pay advance tax.

Any tax paid by 31st March of the financial year is treated as advance tax, and therefore, you can still pay the advance tax for all four instalments along with the interest payable on the missed amount of instalments.

Please note that no penalty is levied for delay in payment of advance tax or for failure to pay advance tax during the same financial year, but interest is only required to be paid for such default.

Though there is only one transaction of speculative nature, as you still have time till 31 March 2026 to pay the advance tax, I would advise you not to take a chance but pay the full advance tax with interest by 31st March and get rid of the stress and tension. Please use the appropriate ITR form applicable for reporting business income while filing your ITR.

Have a personal finance and income tax query? We will try to get them answered by experts. Write to rajeev.kumar@rksv.in
Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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