Tax Demand Stays Offset Faceless Assessment Gains

Adverse tax assessments by tax authorities often result in additional tax liabilities, commonly known as "tax demand."

- Vishwas Panjiar & Shubham Jain

Under the Income Tax Act (IT Act), 1961, taxpayers are required to pay the tax demand within 30 days of receiving the demand notice to avoid interest and penalty consequences. While they have the right to challenge an adverse order before a higher forum, navigating the appeals process while managing the tax demand remains an independent challenge—one that requires urgent attention due to procedural delays and administrative hurdles.

The assessing officer (AO) has the discretion to grant a stay on the tax demand while an appeal is pending before the commissioner, provided the taxpayer demonstrates valid grounds. However, obtaining a stay order is often a cumbersome and inefficient process, riddled with delays. Taxpayers frequently need to follow up multiple times or make repeated visits to the tax office, facing uncertainty. The lack of automation, coupled with the absence of a legally defined timeframe for processing stay applications, significantly undermines the efficiencies gained through faceless assessments.