1. APPEAL TO CIT – 20% prescribed through office memorandum F.No. 404/72/93-ITCC dated 31/07/2017.

2. STAY FOR LESS THAN 20% – assessee can approach CIT and CIT may lower it if rulings of HC/SC are in assessee’s favour

3. Automatic Stay of demand: CIT (A) has power of granting stay order till appeal pending before him even if assessee has not approached the AO under section 220(6) [HC – Tin Mfg Co. of India v. CIT [1995] 78 Taxman 249/212 ITR 451]

4. Appeal to ITAT – not necessary to file stay at CIT(A) can directly apply to ITAT [ITAT – Honeywell Automation India Ltd Vs Dy. CIT [2012] 17 taxmann.com 28/49 SOT 333]

5. As per CBDT instruction No. 96 dated 21/8/1969 and Instruction No. 1914 of 1993 dated 2/12/1993, where the income determined in substantially higher than the returned income, that is twice the latter amount or more, then the collection of Tax in dispute should be held in abeyance till the decision on appeal is taken. [HC – Charu Home Products (P.) Ltd. v. CIT [2015] 53 Taxmann.com 103/229 Taxman 576]

Here, the assessee can also approach the Local committee for High Pitched scrutiny Assessments.

6. order of stay stands vacated after the expiry of the mentioned period only if the delay in disposing of the appeal is attributable to the assessee [SC – Pr. CIT v. Jindal Steel & Power Ltd [2021] 133 Taxmann.com 214/284 Taxman 447]