Taxapps.in

Manner of making application for revision under section 86.

144.

(1) A dealer, casual dealer, or person, as the case may be, (hereinafter referred to as applicant) who is aggrieved by an order, other than an order of assessment, shall, within forty five days from the date of receipt of an order, or within such further period as may be allowed by the revisional authority referred to in sub-rule (3) of rule 142, make an application in Form No. 68 in duplicate for revision under section 86 to such revisional authority for revision of an order referred to in that section :

Provided that where an applicant seeks a stay of realisation of penalty or stay of operation of an order sought to be revised, he shall present in person or through an agent the application for revision together with his application for such stay.

(2) An application for revision shall contain,

inter alia, the following particulars:-

(a) the date of order sought to be revised;

(b) the name and designation of the authority who has passed the order referred to in clause (a),

(d) the date of receipt of the order or notice, as the case may be;

(e) prayer of the applicant for remedy of the grievance stated in the grounds of the application.

(3) The application for revision shall be accompanied by-

(a) a copy of the order sought to be revised ;

(b) court fee stamp for the amount of fee as prescribed under rule 207 for making the application for revision.

(4) In the application for revision, the applicant shall endorse that the facts set out and verified in such application are true to the best of his knowledge.

(5) An application for revision in Form No. 68 by a dealer, casual dealer or person, as the case may be, shall be verified and signed by him in the manner referred to in the said form.

(6) Application for revision shall be presented or sent by registered post to the revisional authority in the manner referred to in sub-rule (3) of rule 138.

(7) Where an application for revision is sent by registered post, such application shall be deemed to have been presented on the date on which it is accepted and registered by the post office.

(8) Where it appears to the revisional authority that the dealer, casual dealer or person has not complied with the provisions of sub-rule (2) or sub-rule (3), he may reject the application after giving the dealer an opportunity of being heard.

(9) Where the applicant intends to pay the fee or makes good the deficiencies of such fee by means of court fee stamp or where such applicant intends to furnish the copy of order sought to be revised on any date after making the application, such applicant may, with prior permission of the revisional authority, do so:

Provided that the date on which the applicant pays the fee or makes good the deficiencies of such fee or furnishes a copy of the order sought to be revised, as the case may be, shall,notwithstanding that he has presented the application on any earlier date, be deemed to be the date for presentation of such application for the purpose of counting the period of limitation.