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Cantonments Act, I924

84.Appeals against assessment:-

(1) An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the District a Magistrate or to such other officer as may be empowered by the {Subs by the A.O.1937, for " L G."} [Central Government] in this behalf:

Provided that, where {The words " there is a Board and " were omitted by Act 24 of 1936, s.32.} the person to whom the appeal would ordinarily lie is, or was when the tax was imposed, a member of the Board, the appeal shall lie to the Commissioner of the Division, or, in a State where there are no Commissioners, to the District Judge.

(2) If, on the hearing of an appeal under this section, any question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of the appellant, draw up a statement of the facts of the case and the pointon which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the High Court.

(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908.

Cantonments Act, 1924 Back

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