| 24.  Appeal to the Appellate Tribunal from orders of the Deputy Commissioner  (Appeals).24.  Appeal to the Appellate Tribunal from orders of the Deputy Commissioner  (Appeals). — (1) An assessee objecting to an order passed by the Deputy  Commissioner (Appeals) or the Commissioner (Appeals) under section 18 or section  18A or section 23, section 23A or sub-section (2) of section 37, 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 a Commissioner (Appeals) under sub-section (10) of section 23A direct  the 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. (2A)  The Assessing Officer or the assessee, as the case may be, on receipt of notice  that an appeal against the order of 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 6[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).] (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 a fee of one thousand rupees: Provided  that in the case of an appeal not relatable to net wealth as computed by the  Assessing Officer, the appeal shall be accompanied by a fee of five hundred  rupees. (5)  The Appellate Tribunal may, after giving both 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 assessment or penalty: Provided  that if the valuation of any asset is objected to, the Appellate Tribunal  shall,— (a)  in a case where such valuation has been made by a Valuation Officer under  section 16A, also give such Valuation Officer an opportunity of being heard; (b)  in any other case, on a request being made in this behalf by the Assessing  Officer, give an opportunity of being heard also to any Valuation Officer  nominated for the purpose by the Assessing Officer: Provided  further that no order enhancing an assessment or penalty shall be made unless  the person affected thereby has been given a reasonable opportunity of showing  cause against such enhancement. (5A)  In every appeal, the Appellate Tribunal where it is possible, may hear and  decide such appeal within a period of four years from the end of the financial  year in which such appeal is filed under sub-section (1) 16[or sub-section (2)]; (5B)  The cost of any appeal to the Appellate Tribunal shall be at the discretion of  that Tribunal.” (6),  (7), (8), (8A), and (8B) [***]   (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 27, or section 27A any order passed by the Appellate  Tribunal on appeal shall be final. (11)  The provisions of 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. |