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Income tax commissioner appeals - against u/s 143(3) order

LAKSHMI KANTH (TAX CONSULTANT) (449 Points)

13 December 2019

Sir. with regard to the above I prefer an appeal,hence any pre-deposit is to be made? kindly advice.

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5 Replies

ajeet singh (1392 Points)
Replied 13 December 2019

20percent of demand raised and u can apply for stay before cit/ao/

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rama krishnan (12244 Points)
Replied 13 December 2019

There's no requirement of any predeposits but as said by Mr. ajeet, you are required to pay 20% of tax demand and apply for stay for recovery of demand and if stay granted there won't be any enforcement from ITD to collect the tax demand raised by 143(3) order

Kapadia Pravin (17264 Points)
Replied 14 December 2019

In an important ruling, the Supreme Court has allowed Income Tax Department to accept deposits of less than 20% of the dispute amount.

This lesser deposit means for seeking a stay, the taxpayer will have to pay less deposit.

In its judgement, the apex court (CIVIL APPEAL NO. 6850 OF 2018) clarified that irrespective of the OMs (office memorandum) from CBDT, the tax authorities, depending on facts of individual cases, can grant deposit orders for an amount less than 20% of the tax demand.

rama krishnan (12244 Points)
Replied 14 December 2019

@ kapadia, in ITD circular itself there's a provision that if assessee wants to pay tax demand less than 20% depending upon the merits of his case or if AO feels that tax payment in excess of 20% is required, depending upon the issues, the assessee's stay application can be referred to jurisdictional CIT for his perusal