9911796707
TMI BlogClarification Mandatory Pre-deposit: Short SummaryX X X X Extracts X X X X X X X X Extracts X X X X ..... Clarification Mandatory Pre-deposit: Short Summary X X X X Extracts X X X X X X X X Extracts X X X X ..... ertaining appeals before commissioner (Appeals) and CESTAT. Brief facts of the same are reproduced hereunder; Mandatory for: Appeals Filed after 06.08.2014 Quantum of pre-deposit: Appeal Filed against order of Appeal Filed Before Quantum Commissioner CESTAT 7.5% of Duty Demanded or Penalty Authority other than Commissioner (Appeals) Commissioner (Appeals) Commissioner (Appeals) CESTAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10% of Duty Demanded or Penalty * Payment made during investigation or audit can be adjusted against mandatory pre- deposit under section 35F of Central Excise Act 1944 and 129E of Custom Act 1962. * Stay application not required to file along with the appeal. * Payment can be made by debiting Cenvat Credit account in case of duty demanded but not in case of penalty. * If matter is decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in favor of assesse (which is generally in more than 85% cases at Tribunal level) Refund of pre-deposit within 15 days of the receipt of refund application seeking refund by the assesse.
* Refund Application to be filed with Jurisdictional AC/DC for seeking refund.
* Interest @ 6% if Payment is not made within 15 days of receipt of Application letter seeking refund. X X X X Extracts X X X X X X X X Extracts X X X X ..... or knowledge sharing by authors, experts, professionals ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
