ITR
Stay of demand after a revision order
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Facts
Filing an appeal does not stop the demand by itself. You can ask the officer for a stay and, if refused, seek a stay from the Tribunal.
Provisions and law
- Sec 253, Income-tax Act 1961Appeal to the Income Tax Appellate Tribunal against orders including revision orders, generally within 60 days.
- Sec 220, Income-tax Act 1961Taxpayer in default if demand is not paid in time.
Analysis
Apply to the officer first with your appeal details. If refused, the Tribunal can grant a stay, often with conditions. Without a stay, refunds of other years can be adjusted. Mark the demand as disputed on the portal.
Conclusion
- File the Tribunal appeal.
- Apply to the officer for stay.
- If refused, apply to the Tribunal.
- Mark the demand as disputed.
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Revision, Sec 263 (now 377)
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