CourtMesh

Section 13: Appeal.

The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975.State Act of Maharashtra · Act 16 of 1975

(1) Subject to rules as may be made by the State Government, any person or employer aggrieved by any order made under sections 5, 6, 7, 9, 10, 15 or 16 may appeal against such order to,-

(a)[the Deputy Commissioner], if the order is passed by any prescribed authority or officer subordinate to him ;

[(b) the Joint Commissioner, if the order is passed by the Deputy Commissioner, and]

(c) the Tribunal, if the order is passed by any officer not below the rank of [Joint Commissioner].

(2) No appeal shall be entertained after the expiry of sixty days from the date of receipt of demand notice or receipt of the order:

Provided that, the appellate authority may admit the appeal after the expiry of the above period, if he is satisfied that there was sufficient cause for the delay.

[(3) No appeal against an order of assessment with or without penalty or interest or against an order imposing penalty or interest shall ordinarily be entertained by an appellate authority, unless such appeal is accompanied by satisfactory proof of the payment of tax with or without penalty or interest or, as the case may be, of the payment of penalty or interest, in respect of which appeal has been preferred:

Provided that, an appellate authority may, if it thinks fit, for reasons to be recorded in writing entertain an appeal against such order on payment of not less than twenty-five per cent. of the amount of tax, penalty or interest, in respect of which appeal has been preferred, as it may direct.]

(4) The appellate authority in disposing of an appeal, may-

(i) confirm, annual, reduce, enhance, or otherwise modify the assessment or penalty or interest, or

(ii) set aside the assessment or penalty or interest and direct the authority which made the assessment or imposed the penalty or charged the interest to pass a fresh order after further inquiry on specified points.

(5) No order under this section shall be passed without giving the appellant or his representative, and where the appellate authority is the Tribunal, without giving the authority whose order or direction is the subject of the appeal or his representative, a reasonable opportunity of being heard.

Where this provision sits

ActThe Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975.
Section13
Marginal noteAppeal.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Mah. 32 of 2006. These words were substituted for the words "the Assistant Commissioner" by Mah. 32 of 2006, s. 8(a).
  • substituted, Mah. 32 of 2006. This Clause was substituted by Mah. 32 of 2006, s. 8(b).
  • substituted, Mah. 32 of 2006. These words were substituted for the words "Deputy Commissioner" by Mah. 32 of 2006, s. 8(c).
  • substituted, Mah. 12 of 1995. Sub-section (3) was substituted for the original by Mah. 12 of 1995, s. 9.

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975. is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.