pre deposit is necessary for the hearing of case, if someone fails to deposit his plea is dismissed ...but after that he pays that deposit so now does he is allowed to restore his appeal and if yes so is there any HC or SC decision supporting this ??
2 Answers from Attorneys
Please clarify the following:
Which Department? Which Authouity of the said deptt? what is the stage?
There would be case law but even if there is no case law it could be challenged for academic ability.
Please revert asap
Hi.
Under the tax laws it is the prerogative of the Appellate Authority. But if the authority had directed you to pre deposit certain amount and you failed the appeal can be dismissed.
Yes your appeal can restored if you deposit that amount by showing sufficient cause and proper representation before the authorities as per law.
Kindly tell as to which authority you are reffering to. EXCIse/ Customs/ Service tax or VAT/CST. ?
Regards
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