Ref : In the case of M/s_____________________,
Assessment Year __________.
Affidavit of Mr………………………………………,
aged ……………
resi__________________.
I, the above named deponent do hereby solemnly affirm and state as under:
1. That the deponent is the proprietor of the firm above named and hence is fully conversant of the facts deposed BEFORE THE HON’BLE MEMBER-TRIBUNAL, ________________________
below.
2. That in the assessment year under consideration the …….Officer has bitterly rejected the account books of the deponent and assessed to tax as under:
(a) Admitted turn over Rs. ____________
(b) Assessed turn over Rs._____________
(c) Disputed turn over Rs. _____________
(d) Admitted Tax Rs._____________
(e) Assessed Tax Rs._____________
(f) Disputed Tax Rs._____________
3. That the learned……..has not considered the reply to show – cause, submitted by the deponent at the time of hearing and the learned……………) has also not considered whereas this was one of the grounds of 1st Appeal.
4. That the learned ……….has rejected the books of accounts on the basis of survey report of ________
and the learned ………..has also relied on the same.
5. That learned ……….has not mentioned about the survey report and argument of the counsel on the point.
6. That previous history of the deponent is neat and clean. Besides no argument of the counsel on the point.
7. That the accounts of the firm were always accepted in the pass and also in subsequent years.
8. That deponent has maintained proper accounts consisting of case book ledger, stock book, daily manufacturing account and sales and purchase vouchers.
9. That deponent takes actual stock on 31st, March every years . The same procedure has been followed in stock taking in the assessment year under consideration.
10. That disputed tax is Rs. _____________, which is very heavy for the deponent to deposit because financial position of the deponent is very weak.
11. That deponent has full hope that this Hon’ble Court will admit the account and allow the appeal.
12. That on the point stated above the deponent prays this Hon’ble Court to waive the condition of depositing ……of the disputed tax and grant stay for full amount of the disputed tax being Rs. ___________.
Deponent.
VERIFICATION
I, …………………………………………….., the above named deponent do hereby verify that the contents of this affidavit from paras 1 to 12 are true to the best of my knowledge and belief. Nothing material has been concealed.
Dated…………….. Deponent

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This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Tax & Regulatory team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our tax team handles GST, income tax notices, appeals and compliance.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Affidavit Before the ………tribunal for Stay: Draft & Format

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