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47. Appeal to the High Court-
(1) An
appeal shall lie to the High Court in respect of any question of law arising
out of an order under section 46.
(2) The
appeal under this section shall be filed within sixty days of the date
upon which the aggrieved person or the Collector is served with notice
of an order under section 46.
(3) Where
an appeal is filed under sub-section (1) by the aggrieved person, it shall
be accompanied by a fee of one hundred rupees.
(4) The
appeal before the High Court shall be heard by a bench of not less than
two judges of the High Court.
(5) The
High Court upon hearing the appeal shall decide the question of law raised
therein and shall deliver judgement thereon specifying the grounds on
which such judgement is based and shall send a copy of the judgement under
the seal of the Court to the Appellate Tribunal which shall pass such
orders as are necessary to dispose of the case in conformity with such
judgement.
(6) Notwithstanding
that an appeal has been made to the High Court the tax shall be payable
in accordance with the order under section 46,
(7) Where
the amount of tax is reduced as a result of the judgement in the appeal,
the amount of tax overpaid shall be refunded unless the High Court, on
application given by the Collector within thirty days of the receipt of
the judgement of the High Court that he intends to seek leave to appeal
to the Supreme Court, makes an order authorizing the Collector to postpone
the refund until the disposal of the appeal by the Supreme Court.
(8) The
costs of the appeal shall be in discretion of the Court.
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