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Section 90: Application of Sections 4 and 12 of Limitation Act

Jharkhand Value Added Tax Act, 2005State Act of Jharkhand · Act 5 of 2006

In computing the period of limitation under Chapter IX, the provisions of Sections 4 and 12 of the Limitation Act, 1963 shall, so far as may be, apply.

91. Appearance before any Authority in course of proceedings.

(1) Any person who is entitled or required to attend before any authority including the Appellate Tribunal in connection with any proceeding under this Act, otherwise than when required to attend personally for examination on oath or affirmation, may attend-

(a) by a relative or a person being in his regular or whole time employment by him, or

(b) by a legal practitioner, or Advocate or Chartered Accountant who is not disqualified by or under sub-Section (2), or

(c) by a sales tax practitioner who possesses the prescribed qualifications and is entered in the list which the Commissioner shall maintain in that behalf, and who is not disqualified by or under sub-Section (2).

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(d) any person who, immediately before the commencement of this Act was a sales tax practitioner under any earlier law only if such relative, person employed, legal practitioner, advocate, chartered accountant, or sales tax practitioner is authorized by such person in the prescribed form, and such authorization may include the authority to act on behalf of such person in such proceedings. :

(2) The Commissioner may by order in writing and for reasons to be recorded therein disqualify for such period as is stated in the order from attending before any such authority, any sales tax practitioner-

(i) who has been removed or dismissed from Government service or

(ii) who being a sales tax practitioner, a legal practitioner or a Charted Accountant is found guilty of misconduct in connection with any proceedings under this Act by the Commissioner or by an authority, if any, empowered to take disciplinary action against the member of the profession to which he belongs

(3) No order of disqualification shall be made in respect of any particular person unless he is given a reasonable opportunity of being heard.

(4) Any person against whom any order of disqualification is made under this Section may within one month of the date of communication of such order appeal to the Tribunal to have the order cancelled or modified. The order of the Commissioner shall not take until one month of the making thereof or when an appeal is preferred until the appeal is decided.

(5) The Commissioner may at any time suo motto or an application made to him in this behalf, revoke or modify any order made against an person under sub-Section (2) and thereupon such person shall cease to be disqualified subject to such conditions or restrictions that may be contained in such order.

Where this provision sits

ActJharkhand Value Added Tax Act, 2005
Section90
Marginal noteApplication of Sections 4 and 12 of Limitation Act
JurisdictionState of Jharkhand
StatusIn force as published by the source

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