(1) Any person,
including the Sales Tax Department,
aggrieved by any decision or
order passed under sections
10, 11, 36, 45 or 66, by an
officer of Sales Tax below in
rank to Additional Collector
may, within thirty days of the
date of receipt of such decision
or order, prefer appeal to the
Collector of Sales Tax (Appeals):
Provided that an appeal preferred
after the expiry of thirty days
may be admitted by the Collector
of Sales Tax (Appeals) if he
is satisfied that the appellant
has sufficient cause for not
preferring the appeal within
the specified period:
Provided further that the
appeal shall be accompanied
by a fee of one thousand rupees
to be paid in such manner as
the Board may prescribe.
(2) The Collector of Sales
Tax (Appeals) may, after giving
both parties to the appeal an
opportunity of being heard,
pass such order as he thinks
fit, confirming, varying, altering,
setting aside or annulling the
decision or order appealed against.
(3) In deciding an appeal,
the Collector of Sales Tax (Appeals)
may make such further inquiry
as may be necessary provided
that he shall not remand the
case for denovo consideration.
(4) Any person desirous of
preferring an appeal under sub-section
(1) against any decision or
order relating to any tax demanded
or any penalty imposed under
this Act shall, before presenting
the appeal, deposit 15% of the
principal amount of tax under
such decision or order:
Provided that, where in any
case, the Collector of Sales
Tax (Appeals) is satisfied that
the deposit of tax (Omitted)
as aforesaid is likely to cause
undue hardship to the appellant,
he may dispense with such deposit
subject to such conditions or
restrictions he may deem fit
to impose:
Provided further that in any
particular case, the Collector
of Sales Tax (Appeals) may direct
that pending decision of the
appeal, the tax (Omitted), shall
be paid by the appellant in
suitable installments spreading
over a period not exceeding
six months from the date of
such direction:
Provided also that such interim
order or orders, as the case
may be, dispensing with deposit
of tax as herein-before prescribed
shall cease to have effect on
the expiration of a total period
of six months following the
day on which the first interim
order is made, unless the case
is finally decided, or the interim
order is withdrawn by the Collector
of Sales Tax (Appeal) earlier.
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