13. Appeal
(1) Subject to rules as may be made by the State Government, any person or employer aggrieved by any order made under sections 5, 6, 7, 9, 10, 15 or 16 may appeal against such order to,
(a)The Assistant Commissioner, if the order is passed by any prescribed authority or officer subordinate to him;
(b)The Deputy Commissioner, if the order is passed by the Assistant Commissioner; and
(c)The Tribunal, if the order is passed by any officer not below the rank of Deputy Commissioner.
(2) No appeal shall be entertained after the expiry of sixty days from the date of receipt of demand notice or receipt of the order:
Provided that, the appellate authority may admit the appeal after the expiry of the above period, if he is satisfied that there was sufficient cause for the delay.
(3) No appeal against an order of assessment with or without penalty or interest, or against an order imposing penalty or interest shall ordinarily be entertained by an appellate authority, unless such appeal is accompanied by satisfactory proof of the payment of tax with or without penalty or interest or, as the case may be, of the payment of penalty or interest, in respect of which appeal has been preferred:
Provided that, an appellate authority may, if it thinks fit, for reason to be recorded in writing, entertain an appeal against such order on payment of not less than twenty-five per cent of the amount of tax, penalty or interest, in respect of which appeal has been preferred, as it may direct.
(4) The appellate authority in disposing of an appeal may
(i)confirm, annual, reduce, enhance, or otherwise modify the assessment or penalty or interest, or
(ii)Set aside the assessment or penalty or interest and direct the authority which made the assessment or imposed the penalty or charged the interest to pass a fresh order after further inquiry on specified points.
(5) No order under this section shall be passed without giving the appellant or his representative, and, where the appellate authority is the Tribunal, without giving the authority whose order or directions is the subject of the appeal or his representative, a reasonable opportunity of being heard. |