Appeal to the High Court

The Puducherry Value Added Tax Act, 2007

Tax200782 sections10 chapters

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Chapter VI APPEAL AND REVISION

Statutory text

(1) Any person objecting to an order passed by the Commissioner under section 45 or by the Secretary under section 46 may, within a period of sixty days from the date on which the order was served on him in the manner prescribed, appeal against such order to the High Court: Provided that the High Court may admit an appeal preferred after the expiry of the aforesaid period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner.
(3) In disposing of an appeal, the High Court may, after giving the appellant a reasonable opportunity of being heard,
- (a) in the case of an order of assessment
  - (i) confirm, reduce, enhance, or annul the assessment or penalty or both; or
  - (ii) set aside the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed; or
  - (iii) pass such other orders as it may think fit; and
- (b) in the case of any other order, confirm, cancel or vary such order: Provided that at the hearing of any appeal the respondent shall have the right to be heard either in person or by a representative.
(4) Where as a result of the appeal any change becomes necessary in the order appealed against, the High Court may authorise the respondent to amend such order accordingly and on such amendment being made, any amount over paid by the appellant shall be refunded to him without interest, or the further amount of tax, if any, due from him shall be collected in accordance with the provisions of this Act, as the case may be.
(5) Every order passed in appeal under this section shall be final.
(6) Notwithstanding that an appeal has been preferred under sub-section (1), the tax shall be paid in accordance with the order against which the appeal has been preferred: Provided that the High Court may, in its discretion, give such directions as it thinks fit in regard to the payment of the tax before the disposal of the appeal, if the appellant furnishes sufficient security to its satisfaction, in such form and in such manner as may be prescribed.
(7) (a) The appellant or respondent may apply for review of any order passed by the High Court under sub-section
(3) on the basis of the discovery of new and important facts which after the exercise of due diligence were not within his knowledge or could not be produced by him when the order was made.
- (b) The application for review shall be preferred within such time and in such manner as may be prescribed, and shall, where it is preferred by the appellant, be accompanied by a fee of one hundred rupees.

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