Stay of demand

This query is : Resolved

Guest

Guest (Querist)

30 January 2009 hello
My query is regarding appeals part under excise
Fact:When a case is disputed between department and assessee as regards rate of duty and such case is still pending suppose at level of tribunal.under such circumstances as regards all the clearances assessee has to take stay of demand to prevent himself from repititive appeals.Now if an assessee has lost the case at level of tribunal and he wants to challenge it to high court/supreme court.
Query:-will he be required to take stay of demand again from high court?

nilesh kshirsagar

nilesh kshirsagar (Expert)
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02 February 2009 first you have to pay duty under protest if you want further fight at highcourt level

Guest

Guest (Querist)

04 February 2009 Sir thanks for your reply.but i am confused why one will be required to pay duty under protest if he already has made predeposit u/s35F (for the amount of duty payment under appeal).and further if he does not want to pay duty under protest for that reason only he is applying for stay of demand.does your reply mean that to fight a case at the level of high court one cannot get stay of demand and he is necessarily required to make payment of duty under proterst for further clearances?If yes can you please tell me the section under which such requirement is there.

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