The Sales Tax Tribunal has admitted our appeal for hearing. Regarding stay it has passed Order as below:
"Issue notice to other side for filing objections as to why stay may not be granted in the case and list again".
The Sales Tax Deptt has not till date filed objections,but its recovery wing has again issued Demand Notice.Please clarify if above order can be taken as stay order or otherwise. Our lawyer says it is regarded as Stay order.
2 Answers from Attorneys
unless the court order says that stay is granted it can not be considered as stay
till than they can send you notices .mention all these circumstances in next hearing may u get ex parte orders .
Hi,
If this is the case then you must file a reply to the demand notice of the department by mentioning that the stay has been filed and the tribunal has issued notice to the department for objections. Give details of the appeal and stay application filed in the above reply.
In this circumstance they should not create any problem.
Regards
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