How To File Appeal Before Commr.(Appeal) - Form & Format

[Rebecca Andrews]

Dear Mr. Mehta :   I am attaching a suggested format for filing appeal in FORM ST - 4, Form of Appeal to the Commissioner of Central Excise (Appeals) under Section 85 of the Finance Act, 1994 (32 of 1994).   It also contains draft of a stay application (35F), how to present brief facts of the case, how to present the grounds of Appeal, the relief sought (prayer) and the format of verification.   Please ensure that appeal and the stay application is filed within 60 days (not 2 months) of the reciept of the adjudication order.. If however, there is a delay, an application for condonation of delay, giving reasons should also be simultaneously filed.   Please send me the draft and I will help in improving it, with whatever limited I know, and will also seek help from fellow colleagues to strengthen it.   The maximum penalty imposed in the case of your client is extremely harsh. Rest assured that it will be reduced. Marginally or substantially, will depend on the facts of the case, like the extent of suppression. Needless to say, confidentiality of the client will be respected and never divulged.   No offers of renumeration please, is my only condition, as I do it to learn.   As this is a general draft, I am marking it to other groups also. Kind regards, Rebecca Andrews --- On Sun, 19/7/09, Jaysukh Mehta <jtm...@gmail.com> wrote:   From: Jaysukh Mehta <jtm...@gmail.com> Subject: APPEAL UNDER SERVICE TAX To: "Rebecca Andrews" <rebecca....@yahoo.in> Date: Sunday, 19 July, 2009, 7:16 AM   Rebecca ji,   The service tax commissioner has issued order for penalty for late payment of service tax in last two years. The Service Tax was already paid fully with interest. But he has ordered for  penalty per day Rs.200 for late payment of service tax. we want to go in appeal for the same. Please give me the format of appeal to commissioner and please also give the grounds of appeal which are to be stated in appeal. As I have not so much work of service tax, I am unknown about this.   Thanks and Regards CA Jaysukh T. Mehta Bhuj Kutch Gujarat

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