stay of demand

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This query is : Resolved

Guest

Guest (Querist)

30 January 2009 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

Rajesh Kumar

Rajesh Kumar (Expert)

30 January 2009 What is stayed the recovery of duty confirmed. For demands for future period, department will keep on issuing periodical show cause notices.
If the appeal is dismissed in tribunal, department can recover the amount. To stop this recovery, stay is required from High Court.

Guest

Guest (Querist)

31 January 2009 Thank you very much sir

Guest

Guest (Querist)

04 February 2009 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