Relief for Taxpayers: CBDT Waived Interest on TDS/TCS Payments Delayed Due to Technical Glitches [Read Circular]

The Central Board of Direct Taxes (CBDT) has notified that interest charges under sections 201(1A)(ii) and 206C(7) of the Income Tax Act, 1961, can henceforth be waived in cases where TDS or TCS payments were delayed due to technical glitches on the portal.

CBDT notified this via issuing a circular.

The Circular Reads as Follows:

Section 201(1A) of the Income-tax Act (hereinafter “the Act”) provides for levy of interest on account of failure to deduct or pay the deducted tax to the credit of the Central Government by the deductor. Further, section 206C(7) of the Act provides for levy of interest on account of failure to collect or pay the collected tax to the credit of the Central Government by the collector.

Representations have been received by the Central Board of Direct Taxes (hereinafter “the Board”) that while making payments of taxes deducted at source (TDS) and taxes collected at source (TCS) to the credit of the Central Government as per sections 200 and 206C of the Act, the taxpayers have encountered technical glitches. On account of such glitches, while the payment is initiated by the taxpayers/deductors/collectors and the amounts are debited from their bank accounts on or before the due date, the actual credit to the Central Government is done after the due date. In such cases, notices have been received by such taxpayers for levy of interest under section 201(1A)(ii)/ 206C(7) of the Act, as the case may be.

In exercise of the powers under section 119 of the Act, the Board, hereby directs that the Chief Commissioner of Income-tax (CCIT) or Director General of Income-tax (DGIT) [or in case there is no CCIT and DGIT, then Principal Chief Commissioner of Income-tax (PrCCIT)] may reduce or waive interest charged under section 201(1A)(ii)/206C(7) of the Act in the class of cases where-

• the payment is initiated by the taxpayers, deductors, and collectors, and the amounts are debited from their bank accounts on or before the due date, and
• the tax could not be credited to the Central Government before the due date because of technical problems beyond the control of the taxpayer, deductor, or collector.

The CCIT or DGIT or PrCCIT, as the case may be, examining an application for waiver of interest under this order shall pass a speaking order after providing adequate opportunity of being heard to the applicant and after verification of technical glitches from the bank/Directorate of Systems.

Even if the interest under section 201(1A)(ii)/ 206C(7) of the Act has already been paid by the taxpayer, the same can be considered for waiver and a refund may be given to the deductor if a waiver is ordered.

No waiver application shall be entertained beyond one year from the end of the financial year for which the interest under section 201(1A)(ii)/ 206C(7) of the Act is charged.

An application received for waiver of interest under section 201(1A)(ii)/206C(7) of the Act shall be disposed of within a period of six months from the end of the month in which such application is received.

The order issued by the CCIT or DGIT or PrCCIT, as the case may be, shall be final and no petition against that order shall be entertained by the Board.

The above will come into effect from the date of issue of this Circular.

For Official Download PDF Given Below: