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Section 21: Appeal to the Tax Board

The Rajasthan Tax on Professions, Trades, Callings and Employments Act, 2000State Act of Rajasthan · Act 12 of 2000

(1) An appeal shall lie to the Tax Board against, -

(a) an order passed by an appellate authority;

(b) an order passed by the Commissioner under the Act.

(2) Any person or authority under the Act being aggrieved by any order referred to in subsection (1), may file an appeal before the Tax Board within one hundred eighty days from the date on which the order sought to be appealed against is communicated to him.

(3) The respondent may, on receipt of notice that an appeal against an order referred to in sub-section (1) has been preferred by the appellant, notwithstanding that he may not have appealed against such order, within one hundred and sixty days of receipt of the notice, file a memorandum of cross-objections against any part of the said referred order and such memorandum shall be disposed of by the Tax Board as if it were an appeal within the time.

(4) The Tax Board may admit an appeal or permit the filing of memorandum of crossobjections after the expiry of the limitation provided above, if it is satisfied that there was sufficient cause for not presenting the same within that limitation.

(5) An appeal to the Tax Board shall be made in the prescribed form and shall be verified in the prescribed manner.

(6) The Tax Board, during the pendency of an appeal before it, shall not stay any proceeding but it may, on an application in writing from the appellant, stay the recovery of the disputed amount of tax, fee, interest or penalty or any part thereof on the condition of furnishing adequate security to the satisfaction of the prescribed authority; and the amount found ultimately due shall be subject to interest from the date it became first due, in accordance with the provisions of this Act.

(7) Notwithstanding that an appeal against an order has been preferred to the Tax Board, the tax, fee, interest or penalty shall be paid in accordance with the order against which appeal has been preferred, unless recovery of such tax, fee, interest or penalty has been stayed by the Tax Board.

(8) The Tax Board shall, after giving both the parties to the appeal an opportunity of being heard, pass such order thereon as it thinks fit and send a copy thereof to the appellant, the prescribed authority, the authority whose order was appealed against and the Commissioner.

Where this provision sits

ActThe Rajasthan Tax on Professions, Trades, Callings and Employments Act, 2000
Section21
Marginal noteAppeal to the Tax Board
JurisdictionState of Rajasthan
StatusIn force as published by the source

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