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11. Appeals to the 3[Commissioner (Appeals)].-

(1) Any person objecting to the amount of surtax for which he is liable as assessed by the 4[Assessing Officer] or denying his liability to be assessed under this Act, or objecting to any penalty or fine imposed by the 4[Assessing Officer], 5[or objecting to the interest levied by the 4[Assessing Officer] under section 7D] or to the amount allowed by the 4[Assessing Officer] by way of any relief under any provisions of this Act, or to any refusal by the 4[Assessing Officer] to grant relief or to an order of rectification or amendment having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectification under section 13 or amendment under section 14 may appeal to the 3[Commissioner (Appeals)].

(2) Every appeal shall be in the prescribed form and shall be verified in the prescribed manner.

(3) An appeal shall be presented within thirty days of the following date, that is to say-

(a) where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine, or

(b) in any other case, the date on which the intimation of the order sought to be appealed against is served: Provided that the 3[Commissioners (Appeals)] may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period.

(4) The 3[Commissioner (Appeals)] shall hear and determine the appeal and, subject to the provisions of this Act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: Provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement.

(5) The procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to income-tax.

1. Subs. by Act 4 of 1988, s. 187, for "Commissioner" (w.e.f. 1-4-1988).

2. Ins. by Act 16 of 1981, s. 38 (w.e.f. 1-4-1981).

3. Subs. by Act 29 of 1977, s. 39 and the Fifth Sch., for "Appellate Assistant Commissioner" (w.e.f. 10-7-1978).

4. Subs. by Act 4 of 1988, s. 187, for "Income-tax Officer" (w.e.f. 1-4-1988).

5. Ins. by Act 16 of 1981, s. 39 (w.e.f. 1-4-1981).

Companies (Profits) Surtax Act, 1964 Back

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