Advance tax interest computation does not import waiver power from another provision absent clear statutory language.

Section 18A(6) and section 18A(8) operate in different fields: the former concerns deficient advance tax paid on an assessee's own estimate, while the latter applies where no advance tax has been paid. A reference in section 18A(8) to calculating interest in the manner laid down in section 18A(6) imports only the method of computation, not the fifth proviso empowering reduction or waiver. Rule 48 was framed to give effect to that proviso and cannot enlarge the scope of section 18A(8). The stated position is that the proviso does not apply to interest levied under section 18A(8).

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Issues: Whether the benefit of the fifth proviso to section 18A(6) of the Indian Income-tax Act could be applied to interest charged under section 18A(8), and whether rule 48 of the Income-tax Rules conferred such power.

Analysis: Section 18A(6) and section 18A(8) operate in different fields. Section 18A(6) applies where an assessee has paid advance tax on his own estimate and that estimate is found to be deficient, while section 18A(8) applies where no advance tax has been paid at all. The words in section 18A(8) that interest is to be calculated in the manner laid down in section 18A(6) refer only to the method of calculation and do not incorporate the discretionary power to reduce or waive interest contained in the fifth proviso to section 18A(6). Rule 48 was framed to give effect to that proviso and cannot enlarge the scope of section 18A(8).

Conclusion: The fifth proviso to section 18A(6) does not apply to interest levied under section 18A(8), and rule 48 does not authorise reduction or waiver in such cases. The question was answered against the assessee and in favour of the Revenue.

Ratio Decidendi: A provision authorising interest to be calculated in the manner of another subsection does not, by that reference alone, incorporate a discretionary proviso attached to the latter subsection unless the statute clearly so provides.

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