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Regarding applicability of 20% of outstanding demand

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(Querist)
07 December 2024 In case of appeal against income tax order, on which amount 20% applicable whether on Gross Tax liability or Net tax liability (Gross Tax liability plus interest adjustments)?
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Dhirajlal Rambhia

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Dhirajlal Rambhia (Expert)
07 December 2024 According to the Central Board of Direct Taxes (CBDT) circulars, this requirement has evolved over time, with the current standard being a 20% deposit on the disputed tax demand as a condition for obtaining a stay on recovery during the appeal process. When appealing an income tax order, the 20% deposit applies strictly to the disputed gross tax liability and excludes any interest unless that interest itself is part of what is being contested.
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Divyesh Ajmera

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Divyesh Ajmera (Querist)
07 December 2024 In nutshell, we need to pay 20% of "total disputed demand" we mentioned in form 35?
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Dhirajlal Rambhia

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Dhirajlal Rambhia (Expert)
08 December 2024 Correct.
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