Lalit Pandey
(Indian Business Researcher)
(313 Points)
Replied 27 January 2019
CBDT CIRCULAR NO -11/2017, Dated: March 24, 2017 Order under Section 119(2)(a) of the Income-tax
Act, 1961 Subject: Guidelines for waiver of interest charged under section 201(1A) (i) of the Income-tax Act,
1961. In exercise of the powers conferred under clause (a) of sub-section (2) of section 119 of Income-tax
Act, 1961 (the Act), Central Board of Direct Taxes (the Board), hereby directs that the Chief Commissioner of
Income-tax and Director General of Income-tax may reduce or waive interest charged under section 201(1A)
(i) of the Act in the classes of cases specified in paragraph 2 of this Order for the period and to the extent the
Chief Commissioner of Income-tax/Director General of Income-tax may deem fit. However, no reduction or
waiver of such interest shall be ordered unless the principal demand under sections 200A, 201(1) or 234E, as
the case may be, stands fully paid or satisfactory arrangements for payment of the principal demand under
these sections have been made. The Chief Commissioner of Income-tax or Director General of Income-tax
may also impose any other condition as deemed fit for the said reduction or waiver of interest. 2. The class of
cases in which the reduction or waiver of interest under section 201(1A) (i) can be considered, are as follows:
(i) Where during the course of proceedings for search and seizure under section 132 of he Income-tax Act, or
otherwise, the books of account and other documents necessary for making deduction under Chapter XVIIB
of the Act were seized and the assessee was not able to, within the time specified, deduct tax at source from
any sum credited to any account (whether called "suspense account" or by any other name) in his books of
accounts. (ii) Where any sum paid or payable was not liable for deduction of tax at source in the case of a
deductor on the basis of any order passed by the jurisdictional High Court, and as a result, he did not deduct
tax at source in relation to such sum, and subsequently, in consequence of any retrospective amendment of
law or a decision of the Supreme Court of India or a decision of a Larger Bench of the jurisdictional High
Court (which was not challenged before the Supreme Court and has become final) in any proceedings, as the
case may be, tax was held to be deductible or the tax deducted by the deductor during such financial year
was found to be less than the tax deductible on such sums paid or payable. THERE IS NO CASE STUDY IN THIS SECTION