Stay for demand application under IT act

[KS Bhat]

If assessing officer created demand appeal filled against order can we file stay demand with CIT or it should be with ITO only 

[Sadanand Bulbule]

You have two routes under section 220(6) of IT Act, 1961 read with CBDT Instruction No. 1914 (and subsequent modifications):

With the Assessing Officer/TRO (Tax Recovery Officer): First application for stay of demand is normally to be filed before the AO who raised the demand. AO has discretion to grant full or partial stay of recovery till disposal of appeal by CIT(A).

With the Principal CIT/CIT (Administrative):  If the AO rejects the stay or imposes harsh conditions, you can move a review petition / stay petition before the jurisdictional Principal CIT / CIT, who has supervisory powers to grant stay or modify AOs order.

[PANKAJ MASKARA]

Can you please guide application of stay can be filed manually or through online and steps involved

AI Summary

Stay of tax demand can be sought from the assessing officer, with review available to Principal CIT. An application for stay of tax demand is first filed with the Assessing Officer or Tax Recovery Officer, who may grant full or partial suspension of recovery pending appeal; if the AO rejects the stay or imposes harsh conditions, the taxpayer may move for supervisory review before the Principal CIT, who can modify or grant the stay under administrative powers.