Where the Demand is say for Rs. 30 Crores and the notice says why Rs. 15 Cr. paid should not be appropriated and balance amount of Rs. 30 Cr. should not be recovered with interest. The Demand (SCN) is confirmed with interest and penalty. While filing appeal before the CESTAT, what amount of deposit should be paid ?

Question

Accepted Answer

Deposit amount for appeal before CESTAT when demand is for Rs. 30 Cr. and notice says Rs. 15 Cr. already paid.

Deposit of minimum 7.5 Cr. is required to file appeal before CESTAT
The deposit should be 10% of the confirmed demand if the appeal is filed after 60 days of communication of order
If the appeal is filed within 60 days, the deposit should be 7.5% of the confirmed demand
In this case, since the confirmed demand is Rs. 30 Cr., the deposit should be minimum Rs. 7.5 Cr.
The deposit can be made in cash, bank guarantee or through pre-deposit of duty/tax/penalty

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