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Payment of Interest can be made in installments

Bimal jain
Interest payment in installments: taxpayers may phase interest dues, enabling scheduled monthly repayments to ease cashflow. The taxpayer had discharged principal tax liabilities but sought time to pay interest due to COVID-19-related business disruption. The administering authority directed that interest demanded in the caution notice be paid in three equal monthly installments, establishing a short-term payment schedule that allowed phased satisfaction of interest dues while maintaining the taxpayer's compliance obligation. (AI Summary)

The Hon’ble Madras High Court in the case ofM/S. EVERYDAY BANKING AND RETAIL ASSETS, REP. BY ITS PARTNER MR. A.A. SIVAKUMAR VERSUS OFFICE OF THE ASSISTANT COMMISSIONER (ST) , CHENNAI [2024 (1) TMI 1043 - MADRAS HIGH COURT]held that the Petitioner asserts that all tax dues were settled and that the Petitioner requires time to pay interest. Thus, the Petitioner was allowed to pay interest in respect of four assessment years vide caution notice because the business of the assessee was to be directed to pay amounts of interest demanded in three equal monthly installments.

Facts:

Everyday Banking and Retail Assets (“the Petitioner”) were issued a caution notice (“the Impugned Notice”) to pay interest in respect of the Assessment Years2017-18 to 2020-21.  The Petitioner hadpaid all the tax dues but required time to pay interest since the Petitioner’s business was affected during the COVID-19 pandemic period.

The Assistant Commissioner (“the Respondent”) required interest payments to be made expeditiously.

Hence, aggrieved by the Impugned Notice the present writ was filed by the Petitioner.

Issue:

Whether payment of interest can be made in installments?

Held:

The Madras High Court in M/S. EVERYDAY BANKING AND RETAIL ASSETS, REP. BY ITS PARTNER MR. A.A. SIVAKUMAR VERSUS OFFICE OF THE ASSISTANT COMMISSIONER (ST) , CHENNAI [2024 (1) TMI 1043 - MADRAS HIGH COURT]held as under:

  • Observed that, the Petitioner asserts that all tax dues were settled and that the Petitioner requires time to pay interest.
  • Held that, the Petitioner pay the amounts demanded in the Impugned Notice in three equal monthly installments. Hence, the Petition was closed.

(Author can be reached at [email protected])

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