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        Case ID :
        Income Tax

        Where the assessment order and demand notice specified 'nil'...

        Tax demand created later by s.154 rectification after 'nil' assessment; s.220(2) interest deleted until fresh s.156 notice served.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Where the assessment order and demand notice specified "nil" demand, and tax demand arose only subsequently through rectification under s.154, the assessee could not be treated as in default under s.220(1) so as to trigger interest under s.220(2). Interest under s.220(2) can run only after expiry of 30 days from service of a fresh notice of demand under s.156 consequent to the rectification, and cannot be levied for any prior period; an assessee cannot be penalised for the AO's computational error in the original assessment. Interest levied under s.220(2) was held unsustainable and directed to be deleted. - ITAT
                                Note: It is a system-generated summary and is for quick reference only.
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                                  ActsIncome Tax
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