Income Tax

Revised guidelines for stay of demand at first appeal stage. Minimum deposit increased to 20%

Revised guidelines for stay of demand at first appeal stage. Minimum deposit amount for grant of stay increased to 20% of the disputed amount from existing 15%

F. No. 404/72/93-ITCC
(FTS:284146)
Government of India
Ministry of Finance
Department  of Revenue
Central Board ofDirect Taxes

New Delhi,  31st July, 2017

OFFICE  MEMORANDUM

Subject: Partial modification of Instruction No. 1914 dated 21.3.1996 to provide for guidelines for stay of demand at the first appeal stage.

Reference: Board’s O.M. of even number dated 29.2.2016

Instruction No. 1914 dated 21.3.1996 contains guidelines issued by the Board regarding procedure to be followed for recovery of outstanding demand, including procedure for grant of stay of demand.

Vide O.M. N0.404/72/93-ITCC dated 29.2.2016 revised guidelines were issued in partial modification of lnstruction No 1914, wherein. inter alia, vide para 4(A) it had been laid down that in a case where the outstanding demand is disputed before CIT(A), the Assessing Officer shall grant stay of demand till disposal of first appeal on payment of 15% of the disputed demand unless the case falls in the category discussed in para (B) thereunder.Similar references to the standard rate of 15% have also been made in succeedmg paragraphs therein.

2. The matter has been reviewed by the Board in the light of feedback received from field authorities. In view of the Board’s efforts to contain over pitched assessments through several measures resulting in fairer and more reasonable assessment orders, the standard rate of 15% of the disputed demand is found to be on the lower side. Accordingly. it bas been decided  that  the standard rate prescribed in O.M. dated 29.2.2016 be revised to 20% of the disputed demand, where the demand is contested before CIT(A). Thus all references to 15% of the disputed demand in the aforesaid O.M dated 29.2.2016 hereby stand modified to 20% of the disputed demand. Other guidelines contained in the O.M. dated 29.2.2016 shall remain unchanged.

These modifications may be immediately brought to the nottce of all officers working in your jurisdiction for proper compliance.

(A.K. Sinha)
Director (ITCC)
23092939

All Pr. Chief Commissioners/Pr. Directors General of Income Tax/Chief Commissioners/ Diredors General of Income Tax

Copy to:

  1. Chairman and all Members of CBDT.
  2. All Joint Secretaries and Commissioners in CBDT
  3. Pr. DGIT(Systems), Pr. DGIT(NADT) and Pr. DGIT(Admn.).
  4. Additional Directors General (Recovery) and (PR, P&P).
  5. Web Managers of irsofficersonline.gov.in and incometaxindia.gov.in for placing on the respective portals.
  6. Office of Comptroller & Auditor General of India (30 copies).
Share

Recent Posts

  • Income Tax

Taxes on sales comprising in turnover to be excluded for estimating net profit

Amount of taxes on sales comprising in turnover to be excluded while computing gross receipts for estimating net profit -…

23 hours ago
  • Income Tax

Capital contribution deposited in assessee’s bank not partnership firm – Addition 69A upheld

Addition u/s 69A confirmed as alleged capital contribution by partners was deposited in bank account of assessee not in account…

1 day ago
  • GST

Bail granted to a CA accused in a GST evasion of more than 40 crores

Allahabad High Court grants bail to Chartered Accountant accused in a GST evasion to the tune of more than 40…

2 days ago
  • Income Tax

Every provision invoked casts a different onus, quoting wrong section prejudice the assessee

Every provision invoked casts a different sort of onus on the assessee – ITAT deleted addition u/s 69 towards bogus…

2 days ago
  • Insurance

Liability under MV Act can’t be decided on the grounds of sympathy alone – Supreme Court

Liability under the Motor Vehicles Act can’t be decided on the grounds of sympathy alone but must be established by…

2 days ago
  • ICAI

ICAI notifies dates of CA Foundation, Intermediate & Final Exams May 2026

ICAI notifies Dates of CA Foundation, Intermediate and Final Exams May 2026 The Institute of Chartered Accountants of India has…

2 days ago