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Section 16 – The Interest Tax Act, 1974

The Interest Tax Act, 1974

 

16. Appeals to Appellate Tribunal

 

(1) Any assessee aggrieved by an order passed by a Commissioner under section 19, or an order passed by 1[a Commissioner (Appeals)] under any provision of this Act, may appeal2 to the Appellate Tribunal against such order.

 

(2) The Commissioner may, if he objects to any order passed by the 3[Commissioner (Appeals)] under any provision of this Act, direct the 4[Assessing] Officer to appeal2 to the Appellate Tribunal against the order.

 

(3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be.

 

(4) The 4[Assessing] Officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the 3[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-objections5 verified in the prescribed manner, against any part of the order of the 3[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 (3).

 

(5) 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 (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period.

 

6(6) An appeal to the Appellate Tribunal shall be in the prescribed form7 and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of 8one thousand rupees in the case of an appeal filed on or after the 1st day of October, 1998].

 

(7) Subject to the provisions of this Act, in hearing and making an order on any appeal under this section, the Appellate Tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the Income-tax Act.

 

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1. Substituted for “an Appellate Assistant Commissioner” by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.

 

2. See rule 6(1) and Form No. 4.

 

3. Substituted for “Appellate Assistant Commissioner” by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.

 

4. Substituted for “Income-tax” by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991.

 

5. See rule 6(2) and Form No. 5.

 

6. See also Circular No. 308, dated 29-6-1981.

 

7. See rule 6(1) and Form No. 4.

 

8. Substituted for “two hundred rupees” by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier “two hundred rupees” was substituted for “one hundred and twenty-five rupees” by the Finance Act, 1981, w.e.f. 1-6-1981.

 

 

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The Interest Tax Act, 1974

 

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