Key Points
The Central Board of Direct Taxes (CBDT) has fixed the maximum ceiling limit as Rs 1 lakh for waiving eligible income tax demands..
However, in an order dated February 13, 2024, CBDT said that future interest will not make part of this calculation of the overall amount of income tax demand...
CBDT said in the order, "Consequent to the aforesaid remission and extinguishment of entries of outstanding demand, there shall not be requirement of calculation of interest on account of delay in payment of demand under sub-section (2) of section 220 of the Income-tax Act, 1961 or corresponding provisions of Wealth-tax Act, 1957 and Gift-tax Act, 1958 and therefore, the same shall not be considered for the purpose of determining the ceiling of Rs 1,00,000 (Rupees one lakh)."..
However, if a tax demand was already raised including accrued interest amount, then it is unlikely that it would be waived off if it is crossing the umbrella limit of Rs 1 lakh," says Mihir Tanna, associate director-direct tax, S.K Patodia LLP, a CA firm...
Hence, the whole of Rs 37,000 would be waived off including the interest accrued since then.. Jain however says that the interest accrued on such tax demands under Sec 220(2) would not be considered in this limit of Rs 1 lakhs either..
