India - Income Tax Act 2010 - Saarc

S. 221 I.T. ACT, 1961 1.802time fixed under that sub-section, the assessee shall be deemed to be in defaultas to the whole of the amount then outstanding, and the other instalment orinstalments shall be deemed to have been due on the same date as the instalmentactually in default.(6) Where an assessee has presented an appeal under section 246 94 [or section246A] the 95 [Assessing] Officer may, in his discretion and subject to suchconditions as he may think fit to impose in the circumstances of the case, treatthe assessee as not being in default in respect of the amount in dispute in theappeal, even though the time for payment has expired, as long as such appealremains undisposed of.(7) Where an assessee has been assessed in respect of income arising outsideIndia in a country the laws of which prohibit or restrict the remittance of moneyto India, the 95 [Assessing] Officer shall not treat the assessee as in default inrespect of that part of the tax which is due in respect of that amount of his incomewhich, by reason of such prohibition or restriction, cannot be brought into India,and shall continue to treat the assessee as not in default in respect of such partof the tax until the prohibition or restriction is removed.Explanation.—For the purposes of this section, income shall be deemed to havebeen brought into India if it has been utilised or could have been utilised forthe purposes of any expenditure actually incurred by the assessee outside Indiaor if the income, whether capitalised or not, has been brought into India in anyform.Penalty payable when tax in default.96221. 97 [(1) When an assessee is in default or is deemed to be in default inmaking a payment of tax, he shall, in addition to the amount of thearrears 98 and the amount of interest payable under sub-section (2) of section 220,be liable, by way of penalty, to pay such amount as the 99 [Assessing] Officer maydirect 1 , and in the case of a continuing default, such further amount or amountsas the 2 [Assessing] Officer may, from time to time, direct, so, however, that thetotal amount of penalty does not exceed the amount of tax in arrears :Provided that before levying any such penalty, the assessee shall be given areasonable opportunity of being heard :94. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000.95. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.96. See also Letter [F.No. 16/87/67-IT(B)], dated 10-7-1967, Circular No. 685, dated 17-6-1994,Circular No. 686, dated 12-8-1994 and Circular No. 696, dated 28-2-1995. For details, seeTaxmann’s Master Guide to Income-tax Act.97. Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.98. For the meaning of the terms/expressions “arrears” and “may direct”, see Taxmann’sDirect Taxes Manual, Vol. 3.99. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.1. For the meaning of the terms/expressions “arrears” and “may direct”, see Taxmann’sDirect Taxes Manual, Vol. 3.2. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.