TaxTMI 
TaxTMI 
TaxTMI 
stay application before cestat
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....tay application before cestat<br> Query (Issue) Started By: - govinda raju velugula Dated:- 9-12-2010 Last Reply Date:- 11-12-2010 Service Tax<br>Got 2 Replies<br>Service Tax<br>what is procedure for filing stay application before CESTAT. Is there any prescribed format for this. Kindly provided for our reference. thank you. Reply By Mangesh Lokre: The Reply: 1. Prepare the 5 Sets of the Stay App....
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....lication along with the Last Copy ( marked as annexure to the application) of the Stay Order. 2. Attach the DD of Rs 500/- In favour of " The Asst. Registrar, CESTAT..........( Bench Name ) and submit the application to the CESTAT. It is a simple application and there is no such standard format. You may approach to your consultant for this. Reply By Mangesh Lokre: The Reply: May Please refer....
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.... the following also.: The application needs to submit on the Legal Size Paper ( Not the Normal A4 Paper ). Before the Hon'ble Customs Excise & Service Tax Appellate Tribunal West Zonal Bench, Mumbai Appeal No. xxxxxxxxxxxxxxxx Stay Application No. C/Stay/XXXXXXXXXXXxx Miscellaneous Application No. XXXXXXXXXXX M/s XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxx Applicants versus XXXXXXXXXXXXXXXXXXXXXXXXXX....
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....XXXXXXXXX, Respondent MISCELLANEOUS APPLICATION FOR EXTENSION OF STAY The Applicants above-named, most respectfully sheweth: - 1. That, this Hon'ble Tribunal was pleased to hear the Applicant's Application for Stay of Recovery and Waiver of Pre-deposit from XXXXXXXXXXXXXXXXXXXXXXX ("impugned order"), on XXXXXXXXXX; 2. That, vide Stay Order No. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, the Hon'b....
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....le Tribunal directed the Applicants to deposit an amount of XXXXXXXXXXXXXXX and dispensed with the pre-deposit of the balance duty of Rs. xXXXXXXXX/= and entire penalty of Rs. XXXXXXXXXXXXXXX as demanded in the Order in Original. Hereto annexed and marked as Annexure 'A' is the photocopy of the said Stay Order. 3. The Applicants have deposited the said amount of Rs. XXXXXXXXXXXXX _________ and r....
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....eported compliance of the same to the Hon'ble Tribunal. 4. It is submitted that, the Applicants herein have complied with this Hon'ble Tribunal's Order on Stay and there has been no adverse change in the circumstances and the balance of convenience continues to lie in favor of the Applicants. This Hon'ble Tribunal has the inherent powers to grant an extension of the stay where there has been no ....
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....adverse material change in the circumstances and the balance of convenience continues to lie in favor of the continuation of the stay of recovery, as held by the Larger Bench of this Hon'ble Tribunal in IPCL Vs. CCE [2004 (169) ELT 267 (LB)] and confirmed by the Hon'ble Supreme Court in Commissioner of Central Excise v/s Kumar Cotton Mills Pvt. Ltd. [2005 (180) ELT 434 (SC)]. Prayer In these pre....
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....sents, the applicants above-named, most respectfully pray that the Hon'ble Tribunal may be pleased to grant an unconditional extension of the Waiver of Pre-deposit of penalty, as ordered by this Hon'ble Tribunal vide its Orders No. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Place: XXXXXXXX Date: XXXXXXXXXX Applicants or their Authorised Signatory VERIFICATION I, XXXXXXXXXXX, for the Applicants above name....
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....d do hereby solemnly state that the above mentioned appeal is true to the best of my knowledge as derived from the records of the Company as being maintained in the normal and ordinary course of business. Verified today, the ____ day of ___________ 20. Applicants<br> Discussion Forum - Knowledge Sharing ....