Order under section 119 of tbe Income-tax Act, 1961 for waiver of interest payable under section 220(2) due to late payment of demand, in certain cases
Circular No. 13 /2025 was issued by the Central Board of Direct Taxes on 19 September 2025. Its subject is Order under section 119 of tbe Income-tax Act, 1961 for waiver of interest payable under section 220(2) due to late payment of demand, in certain cases.
This is an order under section 119 of the 1961 Act — section 239 of the 2025 Act. Section 119 lets the Board give directions to its own officers and, in defined cases, relax a requirement. It is an administrative power, not a power to rewrite the charge.
Waives interest under section 220(2) for taxpayers whose returns were rectified to withdraw a section 87A rebate that the processing system had wrongly allowed against income taxable at the special rates in Chapter XII. The Board's position is that because section 115BAC(1A) is subject to the other provisions of Chapter XII, special-rate income is left out in working out the tax under section 115BAC(1A), and clause (b) of the proviso to section 87A applies to income charged under that sub-section; so the rebate given on special-rate income has to come out by rectification, which throws up a demand. Interest under section 220(2) on that demand is waived where the demand is paid on or before 31 December 2025. If it is not paid by then, interest runs under section 220(2) from the day after the section 220(1) period expires.
Rebate under section 87A had been allowed at processing on incomes chargeable at special rates; the rectifications correcting that were raising demands, and delay in paying them attracted interest under section 220(2) — a genuine hardship the Board moved to mitigate under section 119.
Circular No. 13 /2025 F. No. 275/0912025-IT(Budget) Governmen t ofIndia/(1-fRO "':en{""'q;"'"1 (") Ministry of Finance! (fittr l4;tictll) Department of Revenue/~ ~ Central Board of Direct Taxes/(~-snll Vt'll"alq;xoi\ij New Delhi. I 11'September, 2025 Subject: Order under section 119 of tbe Income-tax Act, 1961 for waiver of interest payable under section 220(2) due to late payment of demand, in certain cases - reg. The provisions of section 115BAC(1 A) of the Income-tax Act, 1961 ('the Act') are subject to the other provisions of Chapter XII of the Act. Therefore, incomes chargeable to tax at special rates as specified under various provisions of Chapter XII of the Act are not included while determining the chargeability to tax under section 115BAC(1 A) of the Act. Further, the clause (b) of proviso to section 87A is applicable to incomes chargeable to tax under section 115BAC(1 A) of the Act. 2. It is noticed that in certain cases, the returns had already been processed and rebate was allowed under section 87 A of the Act on incomes chargeable to tax at special rates. In such cases, rectifications havc to be carried out to disallow such rebate, which has been incorrectly allowed. Such rectifications will result in demands getting raised. If the payments of such demands raised are delayed then the same are liable for charging of interest under section 220(2) of the Act. 3. In order to mitigate the genuine hardship arising to such taxpayers on account of interest payable under section 220(2) of the Act, the Central Board of Direct Taxes ('the Board'), in exercise of its powers conferred under section 119 of the Act, directs that "the interest payable under section 220(2) of the Act shall be waived in such cases where the payment of the demands raised, is made on or before 31.12.2025." 4. In such cases, if a taxpayer fails to pay the demand raised as a result of rectification order passed by the CPC on or before 31.12.2025, the interest shall be charged under section 220(2) of the Act from the day immediately following the end of the period mentioned in subsection (I) of section 220 of the Act. 5. Hindi version shall follow. -f?~ . (Rajendra Kumar Meena) Under Secretary, IT-Budget CBDT Copy to:- 1. The Chainnan & Members, CBDT 2. All Pr.CCsIT, CCsITI DGsIT. 3. All Joint Secretaries/CslT, CBDT. 4. Commissioner oflncome-tax (Media & TP) and official Spokesperson, CBDT, New Delhi. 5. ADG (PR, P&P) for necessary action. 6. JClT, Database Cell, with a request to upload the order on the website ww.irsofficersonIine.gov.in. 7. Web Manager, % DGIT(Systems) with request to upload on the departmental website of www.incometaxindia.gov.in. 8. The Institute of Chartered Accountants of India, LP Estate, New Delhi 9. All Chambers of Commerce. 10. Hindi Cell for translation. II. The Guard File. (Rajendra Kumar Meena) Under Secretary, IT-Budget CBDT
On a CPC rectification order withdrawing a section 87A rebate, and on the demand notice and section 220(2) interest computation that follows it.
It mentions. Circular No. 13/2025
Source: the Income Tax Department’s own published text — its page for this instrument.