(1) An appeal
shall lie to the High Court in respect
of any question of law arising out
of an order under section 46.
(2) The appeal under
this section shall be filed within
sixty days of the date upon which
the aggrieved person or the Collector
is served with notice of an order
under section 46.
(3) Where an appeal
is filed under sub-section (1) by
the aggrieved person, it shall be
accompanied by a fee of one thousand
rupees.
(4) The appeal before
the High Court shall be heard by a
bench of not less than two judges
of the High Court.
(5) The High Court
upon hearing the appeal shall decide
the question of law raised therein
and shall deliver judgment thereon
specifying the grounds on which such
judgment is based and shall send a
copy of the judgment under the seal
of the Court to the Appellate Tribunal
which shall pass such orders as are
necessary to dispose of the case in
conformity with such judgment.
(6) Subject to sub-section
(6A) and notwithstanding that an appeal
has been made to the High Court the
tax shall be payable in accordance
with the order under section 46.
(6A) Where recovery
of tax has been stayed by the High
Court by an order, 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 appeal is decided, or such order
is withdrawn, by the High Court earlier.
(7) Where the amount
of tax is reduced as a result of the
judgment in the appeal, the amount
of tax overpaid shall be refunded
unless the High Court, on application
given by the Collector within thirty
days of the receipt of the judgment
of the High Court that he intends
to seek leave to appeal to the Supreme
Court, makes an order authorizing
the Collector to postpone the refund
until the disposal of the appeal by
the Supreme Court.
(8) The costs
of the appeal shall be in discretion
of the Court.
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