Order under section 119(1) of the IT Act, 1961 fixing the monetary limits of the Income-tax authorities in respect of reduction or waiver of interest paid or payable under section 220 (2) of the IT Act
Circular No. 15/2024 was issued by the Central Board of Direct Taxes on 4 November 2024. Its subject is Order under section 119(1) of the IT Act, 1961 fixing the monetary limits of the Income-tax authorities in respect of reduction or waiver of interest paid or payable under section 220 (2) of the IT Act.
This fixes the monetary limits below which the department will not appeal. It binds the department only: it is not a rule about the merits, and an assessee cannot draw an inference from a withdrawn appeal.
Fixes who inside the department may reduce or waive interest charged under section 220(2), by money value. Waiver up to Rs. 50 lakh sits at the Commissioner level; above Rs. 50 lakh and up to Rs. 1.5 crore with the Chief Commissioner or Director General; above Rs. 1.5 crore with the Principal Chief Commissioner. The three statutory conditions in section 220(2A) continue to apply whichever authority decides, and the order takes effect from the date of its issue.
For the proper administration of the Act — the Board was allocating the section 220(2A) power across ranks so that waiver applications reach the right officer.
F.No.400/08/2024-IT(B) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes Circular No./2024 New Delhi, 4th November, 2024 Subject: Order under section 119(1) of the Income-tax Act, 1961 fixing monetary limits of the authorities in respect of reduction or waiver of interest paid or payable under section 220(2) of the Income-tax Act- reg. Section 220(2) of the Income-tax Act deals with the consequences of non-payment of income tax by a taxpayer. As per Section 220(2) of the Act, if a taxpayer fails to pay the amount specified in any notice of demand under section 156 of the Act, she shall be liable to pay simple interest at the rate of 1% per month or part of the month for the period of delay in making the payment. Further, section 220(2A) of the Act empowers the Principal Chief Commissioner (Pr.CCIT) or Chief Commissioner (CCIT) or Principal Commissioner (Pr.CIT) or Commissioner (CIT) for reduction or waiver of the amount paid or payable under section 220(2) of the Act in the circumstances specified therein. In accordance with the powers vested with the income-tax authorities specified in section 220(2A) of the Act in respect of reduction or waiver of the interest paid or payable under section 220(2) of the Act, the Central Board of Direct Taxes, for the proper administration of the Act, hereby specifies the following monetary limits as under: S.No Income-tax Authority Monetary Limit 1. Pr.CCIT/CIT Upto Rs. 50 lacs 2. CCIT/DGIT Above Rs. 50 lacs to Rs. 1.5 crore 3. Pr.CCIT Above Rs. 1.5 crore The powers of reduction or waiver of the interest paid or payable under section 220(2) of the Act in respect of any income-tax authority shall continue to be subject to satisfaction of all the following conditions specified under section 220(2A) of the Act- (i) payment of such amount has caused or would cause genuine hardship to the assessee; (ii) default in the payment of the amount on which interest has been paid or was payable under the said sub-section was due to circumstances beyond the control of the assessee; and (iii) the assessee has co-operated in any inquiry relating to the assessment or any proceeding for the recovery of any amount due from him. The above shall come into effect from the date of issue of this Circular. Hindi version shall follow. Copy to:- The Chairman & Members, CBDT All Pr.CCsIT, CCsIT, DGsIT. All Joint Secretaries/CsIT, CBDT. (Rubal Singh) Deputy Secretary (IT-Budget), CBDT, New Delhi Commissioner of Income-tax (Media & TP) and official Spokesperson, CBDT, New Delhi. ADG (PR,P&P) for necessary action. JCIT, Database Cell, with a request to upload the order on the website www.irsofficersonline.gov.in. Web Manager, DIO DGIT(Systems) with request to upload on the departmental website of www.incometaxindia.gov.in. The Institute of Chartered Accountants of India, IP Estate, New Delhi All Chambers of Commerce. Hindi Cell for translation. The Guard File.
On a recovery file, when interest under section 220(2) has run on a demand raised by notice under section 156 and the assessee moves an application for its waiver or reduction.
A demand goes unpaid for twenty months and interest under section 220(2) works out to Rs. 60 lakh. Because the interest exceeds Rs. 50 lakh but not Rs. 1.5 crore, the waiver application lies before the Chief Commissioner or Director General, not the Commissioner — and it still fails unless all three conditions in section 220(2A) are made out.
Source: the Income Tax Department’s own published text — its page for this instrument.