In some cases, the assessing officer while passing an assessment order raises huge tax, demand, which puts the individual tax payer into a tight situation. The taxpayer normally prefers an appeal with the next appellant authority, but what happens to the huge demand already raised by the assessing officer, and the notice asking to make payment for the raised demand within 30 days of issuance of such notice.
The taxpayer may request for stay of such tax demand, by giving a petition before the assessing officer passing the order, and requesting him to not to treat the taxpayer not in default. Further, the petition should be submitted keeping following points in mind:
(a)Â Â Â The petition should state the merits of the appeal filed against the order of the referred assessing officer, stressing on the ground of the appeal filed with the Commissioner of Appeals; and
(b)Â Â The petition should also state that the un-due hardship being caused if the raised demand is recovered, stating the condition of business and financial crunch.
Further, the petition should be filed within 30 days of the receipt of the demand notice. The provisions of the Indian Income Tax gives power to the assessing officer, to not to treat the taxpayer in default and allow stay for payment subject to the conditions, which he may impose.
Further, in situation wherein the taxpayer has not preferred an appeal, or wants to pay the tax demand in instalments, can make an application to the assessing officer within the 30 days of the receipt of such notice for extension of time for payment of such demand or he can also apply for payment of demand in instalments.
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