CHAPTERIII- Sales Tax Authorities and Appellate Tribunal 13. Appellate Tribuna- Delhi Sales Tax, 1975

Delhi Sales Tax, 1975

CHAPTERIII- Sales Tax Authorities and Appellate Tribunal 13. Appellate Tribunal

(1) The [Lieutenant Governor] shall, as soon as may be after the commencement of this Act, constitute an Appellate Tribunal Tribunal consisting of one or more members, as it thinks fit, to exercise the powers and discharge the functions conferred on the Appellate Tribunal by or under this Act:

PROVIDED that where the Appellate Tribunal consists of one member that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the [Indian Legal Service] (not below Grade III) for at least three years or who has been in practice as an advocate for at least ten years, and where the Appellate Tribunal consists of more than one member, one such member shall be a person be a person qualified as aforesaid.

(2) Where the number of members of the Appellate Tribunal is more than one, the 3[Lieutenant Governor] shall appoint one of those members to be the Chairman of the Appellate Tribunal.

(3) Subject to the provisions of sub-section (1), the qualifications and other conditions of service of the member or members constituting the Appellate Tribunal and the period for which such member or members shall hold office, shall be such as may be determined by the 4[Lieutenant Governor]

(4) Any vacancy in the membership of the Appellate Tribunal shall be filled up by the 5[Lieutenant Governor] as soon as practicable.

(5) Where the number of members of the Appellate Tribunal is more than one and if the members differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, if there is a majority, but if the members are equally divided, the decision of the Chairman of the Appellate Tribunal thereon shall be final.

(6) Subject to the previous sanction of the 6[Lieutenant Governor], the Appellate Tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations consistent with the provisions of this Act and the rules made thereunder.

(7) The regulations made under sub-section (6) shall be published in the Official Gazette.

(8) The Appellate Tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the Commissioner under section 42 and any proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 and 228, and for the purpose of section 196 of the Indian Penal Code, 1860 (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974)

3. Subs. for “Central Government” by Delhi Act 1 of 1998, w.e.f. 2.3.1998.

4. Subs. for “Central Legal Service” by Delhi Act 1 of 1998, w.e.f. 2.3.1998.

5. Subs. for “Central Government” by Delhi Act 1 of 1998, w.e.f. 2.3.1998.

6. Subs. for “Central Government”by Delhi Act 1 of 1998, w.e.f. 2.3.1998.

7. Sub. for “Central Government” by Delhi Act 1 of 1998, w.e.f. 2.3.1998.

8. Subs. for “Central Government” by Delhi Act 1 of 1998, w.e.f. 2.3.1998.

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Delhi Sales Tax, 1975

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