Income Tax Act, 1961
Section 14: Ins. by Act 28 of 2016, s. 90 (w.e.f. 12016).
14. Ins. by Act 28 of 2016, s. 90 (w.e.f. 12016).
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Provided further that no order rejecting the application, either in full or in part, shall be passed unless
the assessee has been given an opportunity of being heard:
Provided also that where any application is pending as on the 1st day of June, 2016, the order shall be
passed on or before the 31st day of May, 2017.]
1[(2B) Notwithstanding anything contained in sub-section (2), where interest is charged under subsection (1A) of section 201 on the amount of tax specified in the intimation issued under sub-section (1)
of section 200A for any period, then, no interest shall be charged under sub-section (2) on the same
amount for the same period.]
2[(2C) Notwithstanding anything contained in sub-section (2), where interest is charged under subsection (7) of section 206C on the amount of tax specified in the intimation issued under sub-section (1)
of section 206CB for any period, then, no interest shall be charged under sub-section (2) on the same
amount for the same period.]
(3) Without prejudice to the provisions contained in sub-section (2), on an application made by the
assessee before the expiry of the due date under sub-section (1), the 3[Assessing Officer] may extend the
time for payment or allow payment by instalments, subject to such conditions as he may think fit to
impose in the circumstances of the case.
(4) If the amount is not paid within the time limited under sub-section (1) or extended under subsection (3), as the case may be, at the place and to the person mentioned in the said notice the assessee
shall be deemed to be in default.
(5) If, in a case where payment by instalments is allowed under sub-section (3), the assessee commits
defaults in paying any one of the instalments within the time fixed under that sub-section, the assessee
shall be deemed to be in default as to the whole of the amount then outstanding, and the other instalment
or instalments shall be deemed to have been due on the same date as the instalment actually in default.
(6) Where an assessee has presented an appeal under section 246 4[or section 246A] the 3[Assessing
Officer] may, in his discretion and subject to such conditions as he may think fit to impose in the
circumstances of the case, treat the assessee as not being in default in respect of the amount in dispute in
the appeal, even though the time for payment has expired, as long as such appeal remains undisposed of.
(7) Where an assessee has been assessed in respect of income arising outside India in a country the
laws of which prohibit or restrict the remittance of money to India, the 3[Assessing Officer] shall not treat
the assessee as in default in respect of that part of the tax which is due in respect of that amount of his
income which, by reason of such prohibition or restriction, cannot be brought into India, and shall
continue to treat the assessee as not in default in respect of such part of the tax until the prohibition or
restriction is removed.
Explanation.—For the purposes of this section, income shall be deemed to have been brought into
India if it has been utilised or could have been utilised for the purposes of any expenditure actually
incurred by the assessee outside India or if the income, whether capitalised or not, has been brought into
India in any form.
Notwithstanding anything contained in sub-section
of section 201 on the amount of tax specified in the intimation issued under sub-section
of section 200A for any period, then, no interest shall be charged under sub-section
on the same
amount for the same period.]
2[
Notwithstanding anything contained in sub-section
of section 206C on the amount of tax specified in the intimation issued under sub-section
of section 206CB for any period, then, no interest shall be charged under sub-section
on the same
amount for the same period.]
Without prejudice to the provisions contained in sub-section
If the amount is not paid within the time limited under sub-section
or extended under subsection
If, in a case where payment by instalments is allowed under sub-section
Where an assessee has presented an appeal under section 246 4[or section 246A] the 3[Assessing
Officer] may, in his discretion and subject to such conditions as he may think fit to impose in the
circumstances of the case, treat the assessee as not being in default in respect of the amount in dispute in
the appeal, even though the time for payment has expired, as long as such appeal remains undisposed of.
Where an assessee has been assessed in respect of income arising outside India in a country the
laws of which prohibit or restrict the remittance of money to India, the 3[Assessing Officer] shall not treat
the assessee as in default in respect of that part of the tax which is due in respect of that amount of his
income which, by reason of such prohibition or restriction, cannot be brought into India, and shall
continue to treat the assessee as not in default in respect of such part of the tax until the prohibition or
restriction is removed.
Explanation.—For the purposes of this section, income shall be deemed to have been brought into
India if it has been utilised or could have been utilised for the purposes of any expenditure actually
incurred by the assessee outside India or if the income, whether capitalised or not, has been brought into
India in any form.