Stay of Income Tax Demand During Appeal

Sections of the Income-tax Act, 2025 are shown next to the 1961 Act sections.

Filing an appeal does not automatically stop recovery of the demand. A stay application must be made to the Assessing Officer, and if needed to the Principal Commissioner. As per CBDT guidelines, demand is ordinarily stayed on payment of 20% of the disputed demand, though a lower payment can be sought in suitable cases.

Income Tax, across India (faceless)

Income-tax Act, 1961

This page is for notices and orders under the Income-tax Act, 1961. If yours names the Income-tax Act, 2025, see Stay of demand u/s 411 (2025 Act). Not sure which Act applies? The heading of the notice names it, or call us.

Overview

A well-reasoned stay application showing a prima facie case, financial hardship or high-pitched assessment can secure a stay on lower or no payment.

When this applies

  • High demand from assessment pending in appeal
  • Recovery notices, bank attachment or refund adjustment

Time limit

Apply soon after filing the appeal, and immediately on receiving any recovery action.

Documents needed

  • Assessment order, demand notice and appeal acknowledgement
  • Financial statements showing hardship, if claimed

How we handle it

  1. File the stay application with the Assessing Officer
  2. Escalate to the PCIT where needed
  3. Request an early hearing of the appeal
  4. Approach the Tribunal for stay in deserving cases

Points to note

  • Bank attachments can be lifted on a proper stay application
  • Track the stay period and conditions

What usually comes next

Frequently asked questions

Is 20% payment compulsory for stay?

It is the standard under CBDT guidelines, but authorities may accept a lower amount in appropriate cases, such as high-pitched assessments or covered issues.

Official sources

Received a notice or an order?

Call us to talk it through. Keep the notice and its response date handy.

Related services

← All Income Tax Assessments