20% deposit of tax pending appeal can be increased or decreased

Keva Fragrances Private Limited Vs ACIT (Bombay High Court)

Conclusion: CBDT circular dated 29.02.2016 which requires 20% deposit of tax pending appeal is not rigid and cannot be implemented in all the cases. Based on the facts of the case, the deposit percentage can be increased or decreased.

Facts –

Assesee was ordered to deposit 20% of the tax demand arising out of the order of assessment pending Appeal. Challenging the order, the assessee prayed for complete stay against the recoveries till the appeal is disposed of by the Appellate Commissioner.

Assessee submitted that they had a strong case in the Appeal which is pending before Commissioner and demanding deposit of 20% tax pending appeal as per general formula as provided in the CBDT circular would be wholly unjust.

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