Stay appeal
This query is : Resolved
09 December 2014
My assessee has fied an appeal in CIT (Appeal) agst order passed by ITO. yet he has not applied for stay. Now Addl Comm of Income Tax is fearing to him by saying that dept will attached all the bank accouts along with immovable properties. My question is can dept take these type of action or if the matter is under sub-judice how much amt we want to deposit agst demand and if there is any case law or circular regarding such. Pl guide me
09 December 2014
In this regard, it may be stated that under section 220(6) of the Income-Tax Act, 1961 (the Act), the AO may stay such a demand till the disposal of the appeal in cases where the assessee has filed an
appeal before the CIT(A). However, it is normally observed in practice that most of the AOs do not judicially examine the stay petition filed by the assessee and they tend to reject such stay petition
without giving any reasons for the same. The reason for such an approach on the part of the AO is not far to seek, as the AO is always under pressure to recover the demand, even if such demand has been
raised as a result of highly unjustified and totally high-pitched assessment.
The CIT(A) is the appropriate authority for entertaining a stay petition, in respect of the disputed IT demand involved in appeal pending before him.
The AO / TRO is precluded from making any recovery of the disputed IT demand, during the period allowed for filing an appeal against the assessment order and thereafter, during the pendency of the stay petition before any IT authority or the Tribunal.
Hence file a stay petition.
appeal before the CIT(A). However, it is normally observed in practice that most of the AOs do not judicially examine the stay petition filed by the assessee and they tend to reject such stay petition
without giving any reasons for the same. The reason for such an approach on the part of the AO is not far to seek, as the AO is always under pressure to recover the demand, even if such demand has been
raised as a result of highly unjustified and totally high-pitched assessment.
The CIT(A) is the appropriate authority for entertaining a stay petition, in respect of the disputed IT demand involved in appeal pending before him.
The AO / TRO is precluded from making any recovery of the disputed IT demand, during the period allowed for filing an appeal against the assessment order and thereafter, during the pendency of the stay petition before any IT authority or the Tribunal.
Hence file a stay petition.
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