Appeal on second order of assessing authority

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This query is : Resolved

RAMESH BABU (Querist)

21 November 2009 Sir,

Ours is a goverment power distribution company,the service tax authorities levied the service tax on wheeling charges(charges to transmit the energy) collected in kind from the power producers for the period from 2003 to 10/2009 under business auxiliary service.

we are filed an appeal on the above order with the commissioner appeal and the said authority given order to the favour of our company on 10.11.2009.

now the said assessing authority issued assessment order for levy of service tax for further period with dt 10.09.2009 served on 17.11.2009.

in this connection it is requsted to clarify me whether we have to file another appeal for the above 2nd order or it is sufficient to endorse the commissioner appeals earlier judgement for the 2nd order by infoming the same to the assessing authority

or

otherwise.

pl clarify me

yours faithfully

G Ramesh babu

Yash Arya

Yash Arya (Expert)

20 December 2009 Dear GRB,

You need to check whether the the Department has issued you a Show Cause Notice for the further period, since there is no concept of Assessment order in Service Tax.

If you have been servced a SCN, then you are obliged to reply the same notwithstanding the favourable order from Comm (A) for earlier period. In case you have received an ex-parte order for the subsequent order, you need to file an appeal to Comm(A) if order passed by AC/DC or to CESTAT if the order passed by Commissioner within 3 months from the rect of the order.

Regards

CA Yash Arya
aryash111@gmail.com

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