• Is demand notice similar to Show cause notice

We have filed an application under sabka Vishwas ( legacy dispute resolution). We had received demand letter from the concerned department on 11th April 2019 before the 30 August 2019 deadline.
Our application was rejected on the basis of no show cause notice was served by the department. We plan to file a reply on the basis of demand letter. 
Can we file a reply on basis of demand letter?
Asked 5 years ago in Service Tax

Yes you can file a reply giving reference of the rejection of your application.

Vivek Kumar Arora
CA, Delhi
5008 Answers
1134 Consultations

No show cause notice and demand notice are different.

Show cause notice means an opportunity is being provided to you by the department to represent yourself whereas a demand notice is just for the recovery of demand and there is no opportunity for you to represent on the basis of demand notice.

 

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Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hi,

 

Yes, you can file a reply on the basis of demand letter.

 

However, both are different notices.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello,

 

Yes, you can reply on the basis of the demand letter.

 

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

since you have a demand notice, your duty is quantified and you are eligible for the scheme subject to other conditions.

 

When did you file appeal against the order? is it on or before 30 June 2019?

 

 

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

You can't file appeal just on the basis of demand letter you need to have some order or intimation.

Please have a telephonic consultation for better understanding.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

- Appeal can be filed against the assessment order and not against the demand letter.

Vivek Kumar Arora
CA, Delhi
5008 Answers
1134 Consultations

Appeal can not be filed against demand letter.

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello Sir,

 

Yes, you can file a reply on basis of demand letter.

 

You can respond to the tax notices by logging in to your account on the e-filing website - https://incometaxindiaefiling.gov.in/.


 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Further, appeal can not be filed against demand letter. You need to have some order or intimation for the same.

 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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