Appeals to appellate Authority.

The Bihar Electricity Duty Act, 2018

Tax201826 sections

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Statutory text

(1) Any licensee or other person objecting to an order of assessment with or without penalty passed under this Act, or the rules made thereunder may, within the prescribed period and in the prescribed manner, prefer appeal to the prescribed authority against such order of assessment or penalty or both : Provided that no appeal shall be entertained by such authority unless it is satisfied that twenty per centum of the duty assessed or such amount of duty as the appellant may admit to be due from him, whichever is greater has been paid.
(2) Every appeal under this section shall be filed, in such form and the manner, as may be prescribed, within forty-five days of the receipt of the notice of demand but where the appellate authority is satisfied that the appellant had sufficient reason for not preferring the appeal within time, it may condone the delay.
(3) Subject to such rules as may be prescribed, the appellate authority may, in disposing of an appeal under sub-section (1)(a) confirm, reduce, enhance or annul the assessment or penalty, or both; or (b) set aside the assessment or penalty, or both, and direct the assessing authority to make a fresh assessment after making such further inquiry as may be directed by the appellate authority.
(4) Subject to such rules as may be prescribed and for reasons to be recorded in writing the prescribed authority may, upon application or of its own motion, revise any order passed under this Act or the rules made thereunder: Provided that no order of assessment shall be revised upon application of the assessee, unless an order under sub-section (2) has been previously passed in respect of such order: Provided further that where the prescribed authority revises any order on its own motion, no proceeding for such revision shall be initiated at any time before the expiry of two years from the date of the said order.
(5) Subject to such rules as may be prescribed, any order passed under this Act or the rules made thereunder may be reviewed by the authority passing it or by its successor-in-office.

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