HC accepted petitioner's alternative proposal to pay additional ...

Tax Demand Stay Granted After Taxpayer Agrees to Pay Additional 5% Under CBDT Instructions, Total Payment Reaches 20%

March 5, 2025

Case Laws Income Tax HC

HC accepted petitioner's alternative proposal to pay additional 5% of outstanding tax demand for AY 2011-12, bringing total payment to 20% of assessed amount. This compliance with CBDT instructions dated 31.07.2017 results in stay of balance demand. Court deemed adjustment of AY 2024-25 refund against AY 2011-12 demand permissible, subject to increased payment. Ruling aligns with established tax administration guidelines on partial payment requirements for demand stays. Court found proposal equitable, balancing revenue interests with taxpayer's financial position.

View Source

← Previous Next →

HC accepted petitioner's alternative proposal to pay additional ...

Tax Demand Stay Granted After Taxpayer Agrees to Pay Additional 5% Under CBDT Instructions, Total Payment Reaches 20%

March 5, 2025

Case Laws Income Tax HC

You may also like:

CBDT's clarification on instructions on Stay of Demand / Guidelines for stay of demand

Suo motu adjustment of excess service tax paid – Rule 6(4A) - stay granted.

Stay of demand - payment of 20% of the outstanding demand - ITAT rejecting its application for stay on the recovery of demand during the pendency of appeal - The Delhi...

CBDT extended the deadline for filing Form 56F (report of accountant) under section 10AA(8) read with section 10A(5) of Income Tax Act for AY 2024-25 to March 31, 2025....

HC granted interim stay on tax demand following appeal disposal, acknowledging non-operational status of Appellate Tribunal. Initial two-week unconditional stay granted,...

The High Court or Sessions Court should be reluctant to grant an interim stay on the operation of an order granting bail pending disposal of the cancellation application...

Stay of demand - condition precedent for the grant of stay of the demand - Out of three Assessment Years, for AY 2012-13, as stated above, the petitioner has made an...

Disallowance of SWAP loss under section 37(1) - As for the CBDT instructions, it is only elementary that any instructions issued by the CBDT cannot bind the assessee...

Service tax demand on Goods Transport Agency (GTA) services rendered on reverse charge basis set aside as appellant did not collect service tax from service recipient....

Stay of demand - recovery notice during the pendency of the stay applications - Instruction No.1914 dated 02.12.1993 of the Board would make it clear that the stay...

Employer deducted tax at source from petitioners' salaries but failed to deposit it with the government. Court held that u/s 205 of the Income Tax Act and CBDT...

Adjustment excess tax paid under Rule 6(3) - first service tax was paid but later adjusted on the ground that other party is liable to pay service tax - stay granted - AT

Demand based on reconciliation of ST returns with the balance sheet - stay granted - AT

HC granted interim stay on appellate order demanding GST dues for two weeks, conditional upon petitioner paying 10% of disputed tax balance beyond Section 107(6)...

Electronic commerce operators (ECOs) required to pay tax u/s 9(5) of CGST Act for specified services supplied through their platform are not required to reverse...

Quick Updates: