Stay Applications

[Priyesh Agrawal]

Do a assesse need to file stay application, even when he had made pre deposit as per the law to Commissioner (Appeals) under Service Tax?

[YAGAY andSUN]

Dear Priyesh,

No, there is no such requirement. Related Provisions for filing of stay application under Finance Act, 1994 has been deleted since the inception of Mandatory Pre-deposit.

Regards

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

AI Summary

No stay application needed after mandatory pre-deposit for Service Tax appeals, per revised Finance Act, 1994 provisions. An individual inquired whether an assessee must file a stay application after making the mandatory pre-deposit to the Commissioner (Appeals) under Service Tax. A response clarified that there is no requirement to file a stay application, as related provisions under the Finance Act, 1994, were removed following the introduction of the Mandatory Pre-deposit.