Just a moment...

Report
FeedbackReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

Pre-deposit for service tax appeal

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re-deposit for service tax appeal<br> Query (Issue) Started By: - Bhavesh Suthar Dated:- 22-5-2025 Last Reply Date:- 22-5-2025 Service Tax<br>Got 3 Replies<br>Service Tax<br>We want to file a service tax appeal for FY 2015-16 & 2016-17. Want to know how to pay pre-deposit. Vide ACES portal (CBIC-GST) or vide ITC through DRC-03? Reply By KASTURI SETHI: The Reply: A few months ago, one of&nbsp; &n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bsp;my clients filed appeal manually and pre-deposit amount through DRC-03 was not accepted by the First Appellate Authority. Reason :&nbsp; Electronic Credit Ledger (ITC) is not meant for filing Appeal pertaining to&nbsp; &nbsp;pre-GST era.&nbsp; You are also advised to seek advice from&nbsp; the&nbsp; Office of the jurisdictional Commissioner (Appeals).&nbsp; Reply By YAGAY andSUN: The Reply:....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... To file a service tax appeal for FY 2015-16 and 2016-17, the mandatory pre-deposit (as per Section 35F of the Central Excise Act, made applicable to Service Tax) must be paid before filing the appeal. Since this pertains to the pre-GST regime, the pre-deposit should be paid through the CBIC's legacy ACES portal and not via DRC-03, which is applicable under GST laws. You need to log in to the ACE....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....S portal using your Service Tax registration credentials, navigate to the "Payments" section, and select the appropriate accounting code for service tax. Once payment is made (typically 7.5% or 10% of the disputed amount depending on the stage of appeal), the challan receipt (e.g., GAR-7) must be attached with your appeal filing on the CESTAT or Commissioner (Appeals) portal as applicable. ITC vi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a DRC-03 is not relevant for legacy tax matters like service tax, and any attempt to pay through GST mechanisms may not be recognized by the appellate authorities. Ensure the payment is made using the correct legacy accounting codes, and maintain documentary proof of payment along with your appeal documents. ***&nbsp; Reply By KASTURI SETHI: The Reply: Dear Sir, I am just sharing an anecdote i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n this context. For filing Appeal in Service Tax case, one of my clients made the payment of pre-deposit via DRC-03 from ITC account and filed appeal. Appeal was filed manually. The ACES did not allow to file Service Tax Appeal online. Before passing the Order-in-Appeal, the Appellate Authority directed the Appellant to make pre-deposit in cash and, thereafter, the appeal was decided. However, t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Appeal was not held as time barred due to pre-deposit from ITC Account. This was discussed in Order-in-Appeal.<br> Discussion Forum - Knowledge Sharing ....