Regarding tax demand in case of appeal


This query is : Resolved 

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.

12 May 2015 No need to deposit any tax.
Before filing the appeal, the taxpayer should pay the tax determined as per the return of income filed by him.



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