Answer

ITR

Paying a penalty demand or getting a stay

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  1. Facts

    A penalty order comes with a notice of demand, normally payable within 30 days. If you appeal, you can ask the officer to stay recovery; departmental guidelines usually expect a part payment of the disputed demand for a stay.

  2. Provisions and law

    • Sec 156 (now Sec 289)Notice of demand
    • Sec 220, Income-tax Act 1961Interest and recovery for demand not paid
    • Sec 246A (now Sec 357)Appeal to the Commissioner (Appeals)
  3. Analysis

    File the appeal first and then apply for stay with the appeal acknowledgement. Departmental guidelines have generally asked for 20% of the disputed demand; Budget 2026 proposed a lower pre-payment for core tax, so check the latest instruction. If the penalty is ₹2,00,000, a 20% payment would be ₹40,000. Record disagreement on the portal so recovery is less likely while stay is decided.

  4. Conclusion

    1. File the appeal and keep the acknowledgement
    2. Apply to the AO for stay of demand
    3. Pay the part amount if required by current guidelines
    4. Mark the demand as disputed on the portal

Check the latest CBDT instruction on the stay payment percentage before paying.

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Penalty notice, Sec 270A / 274 (now 439 / 471)

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