Granting stay

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 May 2013 A contractor who has taking registration of commercial of industrial construction.The dept claim from2004-09 due service tax with penalty & interest. Against lower authority order he filed an appeal with stay petition.His main contention was most of his job on the alleged perios was related to exempted category.He deposited Rs.2,54,000/-as service tax during pendency of the appeal out of alleged claim of Rs.3,05,729/-.The appeal & stay was heard by the commissioner Appeal on same day.Now Commissioner Appeal ordered Rs.1,00,000/- as predeposit for stay and again fixed a day for hearing of appeal.my queries is:(1)whether the order was valid?Whether total deposit of tax can exceed its original claim?whether there are no standard for pre-deposit?Whether discretion of pre-deposit order can be arbitrary?

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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13 July 2013 I think the person who appeared before appellant authority was wither not provided with the details of deposits already made by the company for ST or the person who appeared was not competent as the tax paid cannot exceed the original demand with interest.