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 

AI Summary

Taxpayer should seek stay of recovery from assessing officer during appeal; Principal Commissioner can review or modify stay Where a demand has been raised and an appeal is pending before the appellate authority, the taxpayer should first seek a stay of recovery from the assessing officer or tax recovery officer, who may grant full or partial stay until the appeal is decided. If that application is refused or granted on onerous conditions, the taxpayer can seek supervisory review from the Principal Commissioner of Income Tax/Commissioner of Income Tax, who has authority to grant or modify a stay granted by the assessing officer.