Answer

ITR

Getting money back after a demand is cut in appeal

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  1. Facts

    When the Commissioner (Appeals) reduces or deletes a demand, the officer passes an order giving effect to the appeal. Any excess you paid becomes a refund, generally with interest.

  2. Provisions and law

    • Sec 246A, Income-tax Act 1961 (now Sec 357)Orders that raise a demand, such as assessments, intimations with adjustments and penalty orders, can be appealed before the Commissioner (Appeals).
    • Sec 244A, Income-tax Act 1961 (now Sec 437)Interest is payable on refunds, generally at 0.5% for each month or part month.
  3. Analysis

    If you paid ₹1,00,000 for stay and the appeal deleted the whole addition, the full ₹1,00,000 is refundable. Send a copy of the appeal order to the officer and ask for an appeal effect order if it is not passed in reasonable time. Check that your bank account is validated so the refund can be credited.

  4. Conclusion

    1. Download the appeal order.
    2. Write to the officer asking for the appeal effect order.
    3. Check that the demand is reduced on the portal.
    4. Make sure your bank account is validated.
    5. Track the refund and interest.

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Notice of demand, Sec 156 (now 289)

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