Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent

Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent https://www.taxtmi.com/article/detailed?id=6088 An appellate authority must examine whether the assessee demonstrates a strong prima facie case-an arguable claim or one covered by a binding precedent-and consider undue hardship before imposing a pre-deposit. A terse order directing pre-deposit without reasoning on prima facie merits or precedent applicability is inadequate. Recent statutory amendment prescribing mandatory fixed pre-deposits changes procedural requirements but does not eliminate the importance of prima facie assessment and precedent when weighing hardship and discretionary relief. en-us Thu, 26 Feb 2015 05:32:30 +0530 Thu, 26 Feb 2015 05:32:30 +0530 TaxTMI RSS Generator Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent https://www.taxtmi.com/article/detailed?id=6088 An appellate authority must examine whether the assessee demonstrates a strong prima facie case-an arguable claim or one covered by a binding precedent-and consider undue hardship before imposing a pre-deposit. A terse order directing pre-deposit without reasoning on prima facie merits or precedent applicability is inadequate. Recent statutory amendment prescribing mandatory fixed pre-deposits changes procedural requirements but does not eliminate the importance of prima facie assessment and precedent when weighing hardship and discretionary relief. Articles Service Tax Thu, 26 Feb 2015 05:32:30 +0530 https://www.taxtmi.com/article/detailed?id=6088