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

Mandatory pre-deposit removes the need for a separate stay application in service tax appeals when the prescribed deposit is made. Filing a separate stay application is not required where the assessee has made the statutory pre-deposit in service tax appeals; the prior provisions for stay applications have been deleted and the mandatory pre-deposit regime governs the appellate process.