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Service Tax - Highlights / Catch Notes

Home Highlights July 2015 Year 2015 This

Tribunal's order granting conditional stay has been complied ...

Service Tax

July 27, 2015

Tribunal's order granting conditional stay has been complied with albeit belatedly - Tribunal could not have dismissed the appeal preferred by the assessees without adjudication on merits. - HC

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  1. Extension of stay already granted - Tribunal has power to extend stay after specified period - even after insertion of third proviso of sub-section (2A) of Section 35C...

  2. Tribunal has recalled the order passed by the it in favor of assessee after the decision of Apex court refusing to grant stay - AT

  3. Appellate Tribunal has committed a positive error in consciously extending the interim order of stay granted in the pending appeal beyond the period of 365 days - HC

  4. Stay of recovery - ground for stay - Tribunal should have borne in mind while granting an interim order is that the assessee should have made out a prima facie case; the...

  5. Power of tribunal to extend the stay beyond the period of 365 days - Once the proviso to Section 35C(2A) of the Act has been omitted, the embargo upon the Tribunal to...

  6. Issuance of Garnishee notices during the pendency of the stay application - AO empowerment to grant stay provided 20% of the disputed demand paid

  7. Validity of conditional interim order - stay of recovery proceedings - The petitioner, being a Public Sector Company cannot be imposed with such onerous condition for...

  8. Stay on recovery - Encashment of Bank Guarantee - Import of High Density Polyethylene (HDPE) - addition of carbon black - stay granted.

  9. Extension of stay order - tribunal has no power to extend stay beyond the period of 365 days - Discretionary power vests with the HC - Article 226 of the Constitution - HC

  10. Extension of stay granted - Waiver of pre deposit and stay of recovery are two different aspects - order of waiver is not subject to the provisions of Section 35C(2A) - AT

 

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