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46. Appeals to Appellant Tribunal. -
(1) Any
person including the Sales Tax Department aggrieved by any decision or
order passed by a Collector of Sales Tax or by Collector of Sales Tax
(Appeals), may appeal to the Appellate Tribunal within thirty days of
the date of communication of such decision or order.
(2) The
Appellate Tribunal may admit an appeal preferred after the period
of limitation specified in sub-section (1) if it is satisfied that there
was sufficient cause for not presenting it within the specified period.
(3) The
appeal shall be accompanied by a fee of one thousand rupees paid in such
manner as the Board may prescribe.
(4) The
Appellate Tribunal, after giving the parties to the appeal, an opportunity
of being heard may pass such orders in relation to the matter before it
as it thinks fit:
Provided
that when any such order amounts to an interim order staying the recovery
of tax, 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 case is
finally decided, or the interim order is withdrawn by the Tribunal earlier.
(5) The
Appellate Tribunal shall send a copy of its order disposing the appeal
to the appellant and to the Collector Sales Tax or the Collector of Sales
Tax (Appeals), as the case may be.
(6) All
appeals relating to the Sales Tax Act, 1951, pending before the Income
Tax Appellate Tribunal at the commencement of the Finance Act, 1997 shall
stand transferred for disposal to the Appellate Tribunal.
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