Amendment status not verified — confirm the current text below against the official source.
(1) Any dealer objecting to an order of assessment or penalty passed under this Act, may, within thirty days from the date of the service of such order, appeal to the prescribed authority against such assessment or penalty : Assessment of dealers likely to tr- ansfer assets to avoid tax. Liability of g u a r d i a n and trustees, etc. Liability in case of dis- continued firm or asso- ciation. Appeal. 16 1[Provided that (i) no appeal shall be entertained by the said authority unless, he is satisfied that the amount of a tax assessed or the pen- alty levied has been paid ; (ii) the authority before whom an appeal has been filed may, for reasons to be recored in writing, direct the appellant to pay any lesser amount which shall not be less than fifty percent of the tax assessed or fifty percent of the penalty levied and, on payment of the amount so directed, enter- tain the appeal ; 2[Explanation:- For the purpose of clause (ii), any amount paid either as tax or as penalty shall be deemed to be the amount paid towards tax assessed or penalty levied and if the appeal is against both the tax assessed or penalty levied then the amount to be paid shall not be less than fifty percent of both the tax and penalty. (iii) the authority before whom the appeal is filed may admit it after the expiration of thirty days if such authority is satis- fied that for reasons beyond the control of the appellant or for any other sufficient cause it could not be filed within time. (2) Every appeal under sub-section (1) shall be presented in the pre- scribed form and shall be verified in the prescribed manner. (3) The Appellate authority shall fix a day and place for hearing and may from time to time adjourn the hearing and make, or cause to be made, such further enquiry as may be deemed necessary. (4) In disposing of an appeal under sub-section (1), the appellate authority may- (a) confirm, reduce, enhance or annul the assessment, or (b) set aside assessment and direct a fresh assessment after such enquiry as may be ordered, or (c) confirm, reduce or annul the order of penalty.