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Section 23 – The Gift Tax Act, 1958

The Gift Tax Act, 1958

 

 

23. APPEAL TO THE APPELLATE TRIBUNAL. –

 

1[(1) An assessee, objecting to an order passed by the 2[Deputy Commissioner (Appeals)] 3[or the Commissioner (Appeals)] 4[under section 17 or section 17A] of section 22 5[***] or sub-section (2) of section 36 6[***] may appeal to the Appellate Tribunal within sixty days of the date on which the order is communicated to him.]

 

(2) The Commissioner may, if he is not satisfied as to the correctness of any order passed by 7[a Deputy Commissioner (Appeals)] 3[or a Commissioner (Appeals) under section 22 direct the 8[Assessing Officer] to appeal to the Appellate Tribunal against such order, and such appeal may be made at any time before the expiry of sixty days of the date on which the order is communicated to the Commissioner.

 

9[(2A) The 8[Assessing Officer] or the assessee, as the case may be, on receipt of the notice that an appeal against the order of the 10[Deputy Commissioner (Appeals)] 3[or the Commissioner (Appeals)] has been preferred under sub-section (1) or sub-section (2) by the other party, may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner against any part of the order of the 11[Deputy Commissioner (Appeals)] 12[or the Commissioner (Appeals)] and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (1) or sub-section (2).]

 

13[(3) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (1) or sub-section (2) or sub-section (2A), if it is satisfied that there was sufficient cause for not presenting it within that period.]

 

(4) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in sub-section (2), be accompanied by 14[a fee of 15[two hundred rupees]].

 

(5) The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the amount of Gift Tax determined or penalty imposed:

 

Provided that no order enhancing the amount of Gift Tax determined or penalty imposed shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement.

 

16[***]

 

(9) A copy of every order passed by the Appellate Tribunal under this section shall be forwarded to the assessee and the Commissioner.

 

(10) Save as provided in section 26, any order passed by the Appellate Tribunal on appeal shall be final.

 

(11) The provisions of 17[sub-sections (1), (4) and (5) of section 255 of the Income-tax Act] shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Income-tax Act.

 

—————

1. Subs. by Act 53 of 1962, sec. 18(i) (w.e.f. 1-4-1962).

 

2. Ins. by Act 53 of 1962, sec. 17(ii) (w.e.f. 1-4-1963).

 

3. Ins. by Act 29 of 1977, sec. 39 and Sch. V, Pt. III (w.e.f 10-7-1978).

 

4. Subs. by Act 41 of 1975, sec. 116(i), for “under section 17” (w.e.f. 1-4-1976).

 

5. The words “or section 22A” omitted by Act 3 of 1989, sec. 95 (u) (w.e.f. 1-4-1989). Earlier they were ins. by Act 4 of 1988, sec. 186(2) (w.e.f. 1-4-1989).

 

6. The words “or to an order passed by the Inspecing Assistant Commissioner under section 17A”, omitted by Act 29 of 1977, sec. 39 and Sch. V, Pt. III (w.e.f. 10-7-1978).

 

7. Subs. by Act 4 of 1988. sec. 161, for” an Appellate Assistant Commissioner” (w.e.f. 1-4-1988).

 

8. Subs. by Act 4 of 1988, sec. 161, for “Gift Tax Officer” (w.e.f. 14-1988).

9. Ins. by Act 53 of 1962, sec. 18 (ii) (w.e.f. 1-4-1963).

 

10. Subs. by Act 4 of 1986 sec. 161, for, “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).

 

11. Subs. by Act 4 of 1988. sec. 161, for “Appellate Assistant Commissioner” (w.e.f. 1-4-1988).

 

12. Ins. by Act 29 of 1977, 539 and Sch. V, Pt. III (w.e.f. 10-7-1978).

 

13. Subs. by Act 53 of 1962, sec. 18(iii) (w.e.f. 1-4-1963).

 

14. The words ”a fee of one hundred and twenty-five rupees” subs. by Act 42 of 1970, sec. 67 for “a fee of rupees one hundred” (w.e.f. 1-4-1971).

 

15. Subs. by Act 16 of 1981, sec. 32, for “one hundred and twenty-five rupees” (w.e.f 1-6-1981).

 

16. Sub-sections (6), (7) and (8) omitted by Act 45 of 1972, sec. 22, (w.e.f 1-1-1973).

 

17. Subs. by Act 53 of 1962, sec. 18(iv), for “sub-sections (5), (7) and (8) of section 5A of the Income-tax Act” (w.e.f. 1-4-1963).

 

 

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The Gift Tax Act, 1958

 

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