12 May 2015
Dear Sir, Please tell me whether amount of income tax on assessed income by ITO is necessary to deposit before filing of appeal to CIT (A) and if yes then what amount of tax is to be deposited. section 249 (4) provides that no appeal shall be entertained under chapter XX unless at the time of filing the appeal the assessee has paid (a) the taxes due on the returned income. As per above section if tax on returned income is NIL and tax on assessed income is Rs 10 lacs than amount of tax should be deposit nil before filing of Appeal. but my case is as similar of above case and ITO demanded for depositing tax Rs 10 lacs. please advise me in this case.
Thanks & Regards CA. Jasbir Dahiya Cont. 9813315050 Email id cajasbir.dahiya@gmail.com
12 May 2015
Appeal can be filed without paying tax demand. But, ITO will ask to pay the demand after the due date if there is no stay order for the said demand.