Section 119(2) of the Income Tax Act
Income-tax Act, 2025: s.239
Section 119(2) falls under section 119 of the Income-tax Act, 1961, which corresponds to section 239 (Instructions to subordinate authorities) of the Income-tax Act, 2025.
Read section 239 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 119(2) is CIT v. Britannia Industries Ltd. (280 ITR 525), cited in 67 of the 74 judgments on BharatTax that turn on this section.
Leading authorities on Section 119(2)
When an assessee has both borrowed funds and sufficient interest-free own funds, and makes interest-free advances, it is presumed that the advances were made from the own funds, and no interest disallowance is made under Section 36(1)(iii) on the borrowed funds.
Interest levied under Sections 234A, 234B, and 234C of the Income-tax Act is compensatory in nature, not penal. This interest is automatically imposed upon default in payment of advance tax.