Scope and applicability of new section 273A of Income tax Act, 1961.
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Relief under section 273A: Commissioner discretion to reduce or waive tax interest and penalties for genuine hardship.
Section 273A allows the Commissioner to reduce or waive interest and penalties for applications made on or after 1 October 1975, or suo motu thereafter, irrespective of the assessment year or date of the underlying order. The Board defines genuine hardship as real, severe suffering or privation, to be assessed on the facts and circumstances; illustrative cases include business ruin from recovery, calamity-induced losses with no recoverable assets, serious illness diverting funds, disproportionate aggregated demands due to departmental delay, and bona fide filing misunderstandings. Applications may be held pending while appeals are exhausted or waived.