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Query regarding appeal to CESTAT ?

Sumeet Tholle

Dear Sir,

One co-operative bank having 8 branches.

Each branch having separate Service Tax registration number.

(Branch do not have separate PAN as bank having PAN).

SCN issued to all branches. Issue in SCN is 100% same for all branches.

My query:- Can I file single appeal file before CESTAT on behalf of all branches ?

Or I need to file separate appeal against each OIA ?

Pl. reply.

Thanks and Regards.

Sumeet Tholle, CA

Separate appeals required for each statutory order; consolidation may occur only through administrative collation before hearing. Separate appeals are required against each distinct Order in Appeal issued to each service-tax registration; administrative collation of hearings can be requested so matters are heard together, but such collation does not eliminate the need to challenge each adjudicatory order unless a single consolidated order is rendered. (AI Summary)
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YAGAY andSUN on Jul 13, 2014

Dear Sumeet,

You need to file separate appeal against each Order in Appeal. This is settled legal position.

Regards,

TeamYAGAY and SUN

(Management and Indirect Tax Consultants)

Madhukar N Hiregange on Jul 18, 2014

As the stage of adjudication you can write to the CBEC to collate and merge the hearing and provide where you wish to be heard. Normally they issue a notification and it would be heard in 1 place. after which the order would be appealable to 1 jurisdicational Tribunal.

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