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134. Appeal to the Appellate Tribunal:-
(1)
An assessee objecting to an order passed by an Appellate Additional Commissioner
under section 111 or 132, or sub-section (2) of section 148, or an order
made by the Appellate Additional Commissioner under section 156, having
the effect of enhancing the assessment or reducing a refund or otherwise
increasing the liability of the assessee or an order made by an Inspecting
Additional Commissioner under section 66A may appeal to the Appellate
Tribunal against such order.
(2)
The Commissioner may, if he objects to any order passed by an Appellate
Additional Commissioner under section 132 direct the Deputy Commissioner
to appeal to the Appellate Tribunal against such order.
(3)
Every appeal under sub-section (1) or sub-section (2) shall be filed within
sixty days of the date on which the impugned order is communicated to
the assessee or the Commissioner, as the case may be.
(4)
The Appellate Tribunal may admit an appeal after the expiration of the
period specified in sub-section (3) if it is satisfied that the appellant
was prevented by sufficient cause from presenting it within that period.
(5)
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 under sub-section (2), be accompanied by a fee of two thousand
five hundred rupees or ten percent of the tax levied, whichever is less,
provided that where no tax is levied, a fee of two thousand rupees in
the case of companies and five hundred rupees in the case of other assessees
shall be paid.
(6)
Notwithstanding that an appeal has been filed under this section, tax
shall, unless recovery thereof has been stayed by the Appellate Tribunal,
be payable in accordance with the assessment made in the case :
Provided
that where recovery of tax has been stayed by the Appellate Tribunal by
an order, such order shall cease to have effect on the expiration of a
period of three months following the day on which it is made, unless the
appeal is decided, or such order is withdrawn, by the Appellate Tribunal
earlier;
Provided
further that the Appellate Tribunal shall not make an order which has
the effect of staying the recovery of tax beyond the period of six months
in the aggregate.
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