Tag Archives: stay of demand

To stay demand , AO can not ask 20% of disputed Tax mechanically without examining facts and circumstances of case : HC

By | April 29, 2019

The grant of stay is conditional upon the satisfaction of three primary aspects, i.e., the existence of a prima facie case, financial stringency demonstrated and established by the Assessee and the balance of convenience in the matter. Thus, the Office Instruction directing the Assessing Authority to call upon the assessee to remit 20% of the… Read More »

Stay of Demand : ITAT Procedure

By | May 29, 2016

Stay of Demand Stay of demand by Income-tax (Appellate Tribunal) Stay of Demand : Procedure for filing and disposal of stay petition. Rule – 35A, Income-tax (Appellate Tribunal) Rules, 1963 35A. (1)(a) Every application for stay of recovery of demand of tax, interest, penalty, fine, estate duty or any other sum shall be presented in triplicate… Read More »

Stay of demand : CBDT Guidelines

By | May 29, 2016

Stay of demand (Stay of demand as per  Income tax Act 1961 ) Stay of demand : Revised guidelines of CBDT PRESS RELEASE, DATED 3-3-2016 With a view to streamline the process of grant of stay of demand when the case of the taxpayer is pending before Commissioner (Appeals) and to standardize the quantum of… Read More »

Pay 15% for Stay of Income at demand at CIT (A) : Office Memorandum No 404/72/93 ITCC DATED 29-2-2016

By | February 29, 2016

SECTION 220 OF THE INCOME-TAX ACT, 1961 – COLLECTION AND RECOVERY OF TAX – WHEN TAX PAYABLE AND WHEN ASSESSEE DEEMED IN DEFAULT – AMENDMENT OF INSTRUCTION NO.1914, DATED 21-3-1996 TO PROVIDE FOR GUIDELINES FOR STAY OF DEMAND AT FIRST APPEAL STAGE OFFICE MEMORANDUM [F.NO.404/72/93-ITCC], DATED 29-2-2016 Instruction No. 1914 dated 21-3-1996 contains guidelines issued by… Read More »