(1) Any person
including the Sales Tax Department,
aggrieved by—
(a) any decision or order
passed by a Collector or an
Additional Collector of Sales
Tax under sections 11, 36 or
45;
(b) any order passed by the
Collector of Sales Tax (Appeals)
under section 45B; and
(c) any order passed by the
Board or the Collector of Sales
Tax under section 45A, may,
within sixty days of the receipt
of such decision or order, prefer
appeal to the Appellate Tribunal.
(2) The Appellate Tribunal
may admit an appeal preferred
after the period of limitation
specified in sub-section (1)
if it is satisfied that there
was sufficient cause for not
presenting it within the specified
period.
(3) The appeal shall be accompanied
by a fee of one thousand rupees
paid in such manner as the Board
may prescribe.
(4) The Appellate Tribunal,
after giving the parties to
the appeal, an opportunity of
being heard may pass such orders
in relation to the matter before
it as it thinks fit:
Provided that when any such
order amounts to an interim
order staying the recovery of
tax, such order shall cease
to have effect on the expiration
of a period of six months following
the day on which it is made
unless the case is finally decided,
or the interim order is withdrawn
by the Tribunal earlier:
Provided further that such
interim order or orders, as
the case may be, 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or the interim order is withdrawn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 Appellate Tribunal earlier.
(5) The Appellate Tribunal
shall send a copy of its order
disposing the appeal to the
appellant and to the concerned
Officer of Sales Tax.
(6) All appeals relating to
the Sales Tax Act, 1951, pending
before the Income Tax Appellate
Tribunal at the commencement
of the Finance Act, 1997 shall
stand transferred for disposal
to the Appellate Tribunal.
(7) Order under this section
shall be passed within sixty
days of filing of appeal or
within such extended period
as the Tribunal may, for reasons
to be recorded in writing fix,
provided that such extended
period shall in no case exceed
ninety days.
(8) Subject to the provisions
of this Act or any other law
for the time being in force,
the Appellate Tribunal shall
have power to regulate its own
procedure and the procedure
of the Benches thereof in all
matters arising out of the exercise
of its powers or of the discharge
of its functions, including
the places at which the Benches
shall hold their sittings.
(9) The Chairman or any other
member of the Appellate Tribunal
authorized in this behalf by
the Chairman may, sitting singly,
dispose of any case which has
been allotted to the bench of
which he is member where —
(a) in any disputed case,
other than a case where the
determination of any question
having a relation to the rate
of sales tax or to the value
of taxable goods for purposes
of assessment is in issue or
is one of the points in issue,
the difference in tax involved
or the tax involved does not
exceed five hundred thousand
rupees; or
(b) the amount of fine or
penalty involved (***) does
not exceed five hundred thousand
rupees.
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