Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Amends forms for filing appeal in the CESTAT (E.A.-3, E.A.-4, E.A.-5)

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....)of section 35E of the Act to the Appellate Tribunal shall be made in Form No. E.A.-5. (2) The appeal or application, as the case may be in Form No. E.A.-5 shall be filed in quadruplicate accompanied by an equal number of copies of the decision or order (one of which at least shall be a certified copy) passed by:- a)the Appellate Commissioner of Central Excise under section 35 of the Act, as it stood immediately before the appointed day, or by the Commissioner (Appeals) under section 35A of the Act and a copy of the order passed by the Committee of Commissioners of Central Excise under sub-section (2) of Section 35B of the Act. b) the Commissioner of Central Excise and a copy of the order passed by the Committee of Chief Commissioners of Central Excise under sub-section (1) of section 35E of the Act." 3. For Form No. E.A. 3, E.A.-4 and E.A.-5 appended to the said rules, the following Forms shall respectively be substituted, namely:- "FORM E.A -3 [See rule 6 (1)] Form of Appeal to Appellate Tribunal under sub-section (1) of section 35B of the Act IN THE CUSTOMS, CENTRAL EXCISE AND SERVICE TAX APPELLAE TRIBUNAL Appeal No.____________________________________....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ty   Interest   (ii) If not, whether any application for dispensing with such deposit has been made? 15. Does the order appealed against also involve any central excise duty demand, and related fine or penalty, so far as the appellant is concerned? 16. Does the order appealed against also involve any customs duty demand, and related penalty, so far as the appellant is concerned? 17. Subject matter of dispute in order of priority. (please choose two items from the list below) [ i) Classification-indicate the Chapter(s), ii) Valuation- whether related persons issue or Others, iii) SSI Exemption, iv) Application of Exemption Notification-indicate the Notfn. No., v) CENVAT, vi) Seizure/Clandestine removal, vii) Refund (other than rebate), viii) Others]  Priority 1  Priority 2         18. Service Tax Assessee Code, if registered with Service Tax.   19. Give details of Importer Exporter Code (IEC), if registered with Director General of Foreign Trade.   20. If the appeal is against an Order-in-Appeal of Commissioner (Appeals), the number of Orders-in-Original covered by the said Ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... *** To be furnished by non -registered persons. Unique Identification (UID) number to be furnished where PAN is not available.   FORM E.A. - 4 [See rule 6 (2)] Form of Memorandum of Cross-Objections to the Appellate Tribunal under sub-section (4) of section 35B of the Act In the Customs, Central Excise and Service Tax Appellate Tribunal Cross objection No.___________________________ of 20.... In Appeal No. _______________________________ of 20.... ...........................................................................................Appellant Versus ....................................................................................... Respondent   1. Assessee Code* Location Code** PAN or UID***        Email Address  Phone No. Fax No.       2. State or Union territory and the Commissionerate in which the order or decision of assessment, penalty was made. 3. Date of receipt of notice of appeal or application filed with the Appellate Tribunal by the appellant or, as the case may be, the Commissioner of Central Excise/ Service Tax/ Large Taxpayer Unit. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Notfn. No., v) CENVAT, vi) Seizure/Clandestine removal, vii) Refund (other than rebate), viii) Others]  Priority 1  Priority 2       13. Service Tax Assessee Code, if registered with Service Tax    14. Give details of Importer Exporter Code, if registered with Director General of Foreign Trade.    15. Reliefs claimed in memorandum of cross -objections. Grounds of cross objections   Signature of the authorized representative, if any Signature of the respondent or his authorised representative   Verification I,_____________________________________ the respondent, do hereby declare that what is stated above is true to the best of my information and belief. Verified today, the __________________ day of __________20 __________   Signature of the authorized representative, if any Signature of the respondent or his authorised representative Notes-(1) If the memorandum is filed by any person, other than the Commissioner of Central Excise, the grounds of cross-objection and the form of verification shall be signed by the respondent in accordance with rule 3 of the Ce....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ax No.       2. The designation and address of the Appellant Commissionerate (if the appeal is filed on the basis of the authorization given by the Committee of Commissioners under sub-section (2) of section 35B of the Act. A copy of the authorisation shall be enclosed) 3. The designation and address of the Applicant (if the application is filed on the basis of an order of the Committee of Chief Commissioners under sub-section (1) of section 35E of the Act. A copy of the order shall be enclosed). 4. Name and address of the respondent. 5. Number and date of the order appealed against which the appeal or application is filed       -           -       -       -       -     -      Dated     -     -         6. Designation and address of the officer passing the decision or order in respect of which this appeal or application is being made. 7. State or Union territory and the Commissioner....