40. Application for Stay when appeal is filed before the Appellate Tribunal.
1) In a case where stay of collection of the tax or penalty under dispute is granted by the Appellate Deputy Commissioner under clause (a) of sub-section (3) of Section 31 and on disposal of the appeal by such Appellate Deputy Commissioner under sub-section (4) of Section 31, the appellant files an appeal to the Appellate Tribunal, he may apply to the Additional Commissioner (Commercial Taxes) (Legal) or Joint Commissioner (Commercial Taxes) (Legal) for the continuance of the stay granted under clause (a) of sub-section (3) of Section 31 by the Appellate Deputy Commissioner until the appeal filed before the Appellate Tribunal is disposed of.
2) The application shall be on Form APP 404 in duplicate and one of the copies shall be affixed with court-fee stamp of the value of three rupees. A copy of the appeal petition filed before the Tribunal shall be enclosed to the application.
3) Any order staying collection shall be limited to the amount actually disputed in appeal before the Appellate Tribunal.
4) The application in Form APP404 shall be accompanied by the proof of payment of tax as specified in sub section (2) of Section 33.
(Sub-rule (4) was added by G.O MS No. 503 Rev (CT-II) dept, dated 08-05-2009 w.e.f 01-05-2009)
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