Instruction no.1914 dated 21.03.1996 cbdt -795-

Stay & Recovery of Demand under Income Tax Act 1961 issued instructions to its field officers dated 7 November 2014, wherein instructions dealing with recovery/stay of demand and grant of that it did not fall within the guidelines framed in the CBDT's instruction No. 1914

the earlier CBDT instruction no. 1914 dated 21 March, 1996 (earlier instruction). Taxpayer's contention The taxpayer argued that when a taxpayer submits an application for stay of the demand until disposal of the first appeal, the TO has three options as per the modified instructions: (i) The TO could grant stay of demand till disposal No. 96 which cannot be said to have been superseded by Instruction No. 1914 (supra). After the issue of the Instruction No 96 (supra), the CBDT has issued two more Circulars on the subject of stay of demands namely Circular No 530 dated March 6, 1989, and Circular No 589 dated. CBDT on stay of demand Analysing CBDT's Office memorandum dated 29.02.2016 regarding stay of demand. For partial modification of Instruction No. 1914 dated 21.03.1996 to provide for guidelines for stay of demand at the first appeal stage. A-16 Contents PENALTY For concealment of income-Disallowance of claim, effect of - Where notice was issued under section 274 proposing tolevy penalty under section 271(1)(b) whereas order was passed under section 271(1)(c), itclearly indicated that there was no application of mind by Assessing Officer while issuing But, according to the respondent, the said CBDT Instruction No.95 was superseded and as such, the respondent has exercised his power under subsequent Instruction No.1914 dated 02.12.1993. But, the learned counsel for the petitioner, by relying upon number of judgments submitted that CBDT Instruction No.95 is still in force. 17. Instruction No. 1914 dated 21.3.1996 contains guidelines issued by the Board regarding procedure to be followed for recovery of outstanding demand, including procedure for grant of stay of demand. Tags: CBD