Amendment status not verified — confirm the current text below against the official source.
Appeal to the Htgh Court.-( I) Any person objecting to an order affecting him passed by the Board of Revenue under section 37 may, within a period of ninety days from the date on which a copy of the order was served on him m the manner prescnbed, appeal against such order to the High Court : Provided that the High Court may admit an appeal preferred after the period of ninety days aforesaid if it is satisfied that the appellant had sufficient cause for not preferrmg the appeal within the said period. (2) The appeal shall be in the prescribed form and shall be verified in the prescnbed manner and shall be accompanied by a fee of one hundred rupees. 3/5-5 (/ ,_ 66 (3) In disposing of an appeal, the High Court may, after giving the parties a reasonable opportunity of being heard either in person or by a representative,- (a) in the case of an order of assessment or penalty,- (t) confirm, reduce, enhance or annul the assessment or penalty or both ; (ti) set aside the assessment and direct that a fresh asses- ' -fr; sment may be made after such further enquiry as may be directed ; or (iii) pass such other orders as it may think fit ; or (b) in the case of any other order, confirm, cancel or vary such order. (4) Where as a result of the appeal any change becomes neces- sary in the order appealed against, the High Court may authorise the Board of Revenue to amend such order accordingly and, on such amendment being made, any amount overpaid by the appellant shall be refunded to him 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 (I), the tax shall be paid in accordance with the order of assessment against which the appeal has been preferred : Provided that the High Court may, m 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 prescnbed. (7) (a) The High Court may, on the application of the appellant or the Board of Revenue, review any order passed by 1t under sub- section (3) on the basis of the di~covery of new and important facts which after the exerc1se of due diligence were not within the knowledge of the appellant or the Board of Revenue or could not be produced by him or it when the order was made. (b) The application for review shall be preferred in the prescribed manner and within one year from the date on which a copy of the order to which the application relates was served on the applicant in the manner prescribed and shall, where it is preferred by any person other than the Board of Revenue, be accompamed by a fee of one hundred rupees. (8) The cost of an appeal under sub-section (I) or of a review under sub· section (7) shall be in the discretiOn of the High Court.