For write off of demands, so also for scaling down, there need not be any provision in the Income-tax Act. Every creditor, including the Government, has the inherent right to give up a part or whole of the debt due to him.

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....tion(s) Referred: 220 Statute: Income - Tax Act, 1961 Reference is invited to Board's letter of even number dated the 21st February, 1975, addressed to the Commissioner of Income-tax, Bombay City and copy forwarded to all the Commissioners of Income-tax and to say that the question of scaling down of tax arrears was examined by the Board in detail after certain doubts were raised in this reg....

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....h his assessment or re-assessment are pending before an Income-tax authority on the date of the application. On the other hand, the scaling down pertains to the arrear demand in cases where assessment or re-assessment proceedings have become final but the assessees are not in a position to pay the full demand. As was laid down in Shri K.S. Sundara Rajan's D.O. letter No. 16c/9/56-IT dated 31-1-195....

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....it, the settlement would be treated as void and the Government would be free to go ahead with the recovery proceedings according to law. 4. It has also been decided that Commissioners of Income-tax will continue to exercise powers of scaling down where the aggregate arrear demand outstanding against an assessee is Rs. 1 lakh or less. Cases in which such aggregate demand exceeds Rs. 1 lakh would....