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Appeals to Comm (Appeals), Service Tax

Issue Id: - 2223
Dated: 12-9-2010
By:- Shama Sarin

Appeals to Comm (Appeals)


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Please advise that if my assessee files an appeal to Comm(Appeals) Excise against the order of Asst Comm, do we need to pay the tax+interest+penalty amount before appeal to him?....If no then if i will lose the case will my assessee be forced to pay the whole penalty or 25% at that time?

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1 Dated: 14-9-2010
By:- Sucheta Agrawal

Dear Mr. Sharma,

In ny view, first there is no need to submit any payment until the commissioner (Appeal) order direct to pay the tax, if u have confidence that the case is in your favour but if u have doubt then you can submit only tax and interest because penalty can be waived if bonafide mistake apperrant.   


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