stay of collection of taxes

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the income tax demand is Rs.450000
who's the officer to grant stay
Replies (1)

Where the outstanding demand is disputed before Commissioner (Appeals), the assessing officer shall grant stay of demand till disposal of first appeal on payment of 20% of the disputed demand.

In case, any deviation from the standard pre-payment of 20% is proposed by the Assessing Officer, he shall refer the matter to the administrative Principal Commissioner or Commissioner, who after considering all relevant facts shall decide the quantum/ proportion of demand to be paid by the assessee as lump sum payment for granting a stay of the balance demand.

In a case, where stay of demand is granted by the Assessing Officer on payment of 20% of the disputed demand and the assessee is still aggrieved, he may approach the jurisdictional administrative Principal Commissioner or Commissioner for a review of the decision of the assessing officer.


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