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Notice under section 220 and 221(1) of the Income tax Act, 1961

If any person does not remit outstanding tax money, penalty, fine or interest within the specified time period than the person is deemed to be an assessee in default and liable to pay Interest under section 220 of the Income tax Act 1961 @ 1% p.m. or part of month and Penalty may also be levied under section 221 of the Income tax Act 1961 in case of continuing default, both the said Interest and penalty are over and above the outstanding dues. Accordingly, Notice under the said sections 220 of the Income tax Act, 1961 is issued to the person for the payment of Interest and if the Income tax Officer is satisfied that penalty under section 221 should also be levied than before levying said penalty, notice under section 221(1) will be issued to the person to submit good and sufficient reasons for default of payment of outstanding dues.

Frequently Asked Questions

Section 220 deals with payment of tax demand. If tax is not paid within 30 days of notice, interest is charged on the outstanding amount.

Section 221(1) allows the Assessing Officer to impose penalty if a taxpayer fails to pay the tax demand without valid reason.

Interest is generally charged at 1% per month or part of the month on the unpaid tax amount.

Yes, penalty can be avoided or reduced if the taxpayer provides a valid reason for non-payment and responds properly to the notice.

Ignoring the notice may lead to additional penalty, recovery proceedings, bank account attachment, or legal action by the department.
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