ITR
Deadline to pay a demand and interest if late
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Facts
A demand is normally payable within 30 days of service of the notice. If unpaid after that, simple interest of 1% for every month or part of a month is charged under the 1961 Act.
Provisions and law
- Sec 220, Income-tax Act 1961A demand is payable within 30 days of service of the notice of demand; simple interest of 1% a month runs after that; the officer may allow more time or instalments, and may treat you as not in default while an appeal is pending (2025 Act number to be confirmed).
- Sec 156, Income-tax Act 1961 (now Sec 289)When tax, interest, penalty or other sum is payable after an order, the officer serves a notice of demand.
Analysis
On a demand of ₹80,000 served on 1 November, paying on 15 December, about two weeks after the 30-day period ended, attracts 1% for that part month, which is ₹800. Wait four months and it becomes ₹3,200. If the demand is wrong, the interest also falls when the demand is cancelled, but respond in time so you are not treated as in default.
Conclusion
- Note the date the notice was served.
- Count 30 days for the due date.
- If correct, pay before the due date.
- If disputed, respond on the portal and start rectification or appeal.
- Keep proof of each step.
A Savvy can do this for you
Notice of demand, Sec 156 (now 289)
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