I have received a rectification order u/s 154 to pay an amount of 35000+. However there is an error in the IT computation by the department. I have filed for rectification but without assigning any reason or basis, the department sent again the demand. They have also adjusted my current year refund partly to the demand. I have applied to AO. Meanwhile can I pay the amount under protest or any other head pending my appeal with AO, JCIT and ITAT in that order? If I win the appeal would they refund the total amount recovered and paid by me in protest? Meanwhile they are adding 1% int per month increasing the penalty hugely. Is there any advise from any qualified professional in the forum?
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IT demand payment under protest
Replies (2)
In Income tax act , there is no concept of paying under protest like in customs.
However you will get the refund if you win in appeal and it is established that you have paid more tax than what was due for that year.
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