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India - Income Tax Act 2010 - Saarc

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S. 253 I.T. ACT, 1961 1.858cate or has held the office of a member of a Tribunal or any post,under the Union or a State, requiring special knowledge of law;(ii) in computing the period during which a person has been an advocate,there shall be included any period during which the person has heldjudicial office or the office of a member of a Tribunal or any post,under the Union or a State, requiring special knowledge of law afterhe became an advocate.(2A) An accountant member shall be a person who has for at least ten years beenin the practice of accountancy as a chartered accountant under the CharteredAccountants <strong>Act</strong>, 1949 (38 of 1949), or as a registered accountant under any lawformerly in force or partly as a registered accountant and partly as a charteredaccountant, or who has been a member of the <strong>India</strong>n <strong>Income</strong>-tax Service,Group A and has held the post of 98 [Additional] Commissioner of <strong>Income</strong>-tax orany equivalent or higher post for at least three years.]99[(3) The Central Government shall appoint the Senior Vice-President or one ofthe Vice-Presidents of the Appellate Tribunal to be the President thereof.]1[(4) The Central Government may appoint one or more members of theAppellate Tribunal to be the Vice-President or, as the case may be, Vice-Presidents thereof.]2[(4A) The Central Government may appoint one of the Vice-Presidents of theAppellate Tribunal to be the Senior Vice-President thereof.]3(5) 4 [The Senior Vice-President or a Vice-President] shall exercise such of thepowers and perform such of the functions of the President as may be delegatedto him by the President by a general or special order in writing.5Appeals to the Appellate Tribunal.6253. (1) Any assessee aggrieved by any of the following orders may appeal tothe Appellate Tribunal against such order—(a) an order passed by a 7 [Deputy Commissioner (Appeals)] 8 [before the1st day of October, 1998] 9 [or, as the case may be, a Commissioner98. Inserted by the Finance (No. 2) <strong>Act</strong>, 1998, w.e.f. 1-8-1998.99. Substituted by the Finance <strong>Act</strong>, 2002, w.e.f. 1-4-2002. Prior to its substitution, sub-section(3) read as under :“(3) The Central Government shall ordinarily appoint a judicial member of the AppellateTribunal to be the President thereof.”1. Inserted by the Finance <strong>Act</strong>, 1972, w.e.f. 1-4-1972.2. Inserted by the Finance <strong>Act</strong>, 1984, w.e.f. 1-4-1984.3. For Instructions and Standing Orders, refer <strong>Tax</strong>mann’s Master Guide to <strong>Income</strong>-tax <strong>Act</strong>.4. Substituted for “A Vice-President” by the Finance <strong>Act</strong>, 1984, w.e.f. 1-4-1984.5. See rule 47(1) and Form Nos. 36 and 36A for form of appeal to Appellate Tribunal and formof cross-objections.6. See also Instructions issued by the <strong>Income</strong>-tax Appellate Tribunal. For details, see<strong>Tax</strong>mann’s <strong>Income</strong>-tax Rules/Master Guide to <strong>Income</strong>-tax <strong>Act</strong>.7. Substituted for “Appellate Assistant Commissioner” by the Direct <strong>Tax</strong> Laws (Amendment)<strong>Act</strong>, 1987, w.e.f. 1-4-1988.8. Inserted by the Finance (No. 2) <strong>Act</strong>, 1998, w.e.f. 1-10-1998.9. Inserted by the Finance (No. 2) <strong>Act</strong>, 1977, w.e.f. 10-7-1978.

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