Saturday, 29 November 2014

Discuss the legal provisions regarding the appeal to the Appellate Tribunal and How Tribunal disposes of the appeal or discusses the function of Tribunal

Appeal to the Appellate Tribunal

The assessee can make a second appeal to the Appellate Tribunal if the is not satisfied with the decision of commissioner income tax (appeal).The income department can also appeal to the Appellate Tribunal in such case.

1. Period of appeal :
Within sixty days assessee or department may file an appeal. However appellate tribunal may extend the period.

2. Use of prescribed form :
For the appeal prescribed form should be filled and required documents should be attached with the form.

3. Fee :
Fee must be accompanied with the appeal otherwise it will be not acceptable.
Rate of Fee
i) If tax is Ia-vied then fee will be Rs. 2500 or 10% of the tax whichever is less.
ii) If tax is not levied then fee is Rs. 2000 for companies and Rs. 500 in case of other taxpayers.
Note:- If appeal is made by commissioner then fee is not payable.

4. Hearing opportunity :  
The appellate Tribunal gives the chances of hearing to both the parties.

5. Amount Limit :
Up to Rs. 75,000/= a single member of the tribunal hears the appeal. Important cases are heard by division bench and full bench.

6. Disposing of an appeal :
i) The Appellate Tribunal may reject increase, reduce and can cancel the assessment.
ii) May ask the l.T.O. for fresh assessment.
iii) May issue direction or change the orders.
iv) Ma change the penalty.

7. Period of decision :
The decision of appeal must be made within six months. If the assessee has presented the appeal. If the decision is not given within the period then it will be considered that relief is given.

8. Right of appeal :
income tax department and tax payer both have right to appeal with the Appeallet Tribunal. If any one party is not satisfied against the decision of commissioner income tax (appeal) it may file an appeal.

9. Extension in period :
Some times appellant fails to submit appeal with in due date. The appellate tribunal can extend the time period for appeal, if the reasons of delay are reasonable.

10. Payment of tax :
Before filing the appeal the taxpayer is required to pay the tax. In case of stay order taken from the Appeallate tribunal the payment of tax is not compulsory.

11. Fixation of date :
Date of hearing is fixed and it is intimated to appelant and concerned tax authorities.

12. Communications of orders :
Orders passed by appellate tribunal should be communicated to the following parties.
i) The concerned income tax commissioner.
ii) The appellant.

13. Final decision on point of fact :
There is no appeal against such decision which is made by Appellate Tribunal on a point of face.

14. Final decision on point of law :
No appeal can be made against the decision of appellate tribunal. It is a final decision but if the income tax department is not satisfied with the decision on a question involving a point of law then he may appeal to the high court.


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