STAY APPLICATION

[SNEHAL SHAH]

Sir,

I was received on order from asst. commissioner demanding duty + penaly + indterest , this is demanding oreder amount RS.40 LACS + OTHER . Is i am file stay applicatin against this demading order ? under what circumstances i will file stay application at commissioner and CESTAT . Please guide above and also guide stay procedure .

Sachin

 

 

[Snehal Kulkarni]

 

If you are not satisfied with the OIO passed by AC, you are entitled to file an appeal along with the Stay Application to the next adjucating level ( Commissioner Appeal) in form EA-1.

This application needs to be made in duplicate along with Original or attested copy of OIO.

If you fails to do so, then the action for recovery of dues under section 11 may be initiated.

AI Summary

Stay application: file with appeal in form EA-1 to seek suspension of collection pending appellate disposal.
A taxable person served with an order demanding duty, penalty and interest may file a stay application along with an appeal to the Commissioner (Appeals) in form EA-1; the application should be filed in duplicate with the original or an attested copy of the Order-in-Original. If the appeal and stay are not filed, statutory recovery proceedings under the excise recovery framework may be initiated.