India - Income Tax Act 2010 - Saarc

1.861 CH. XX - APPEALS AND REVISION - APPEALS TO TRIBUNAL S. 25437[(d) where the subject matter of an appeal relates to any matter, otherthan those specified in clauses (a), (b) and (c), five hundred rupees:]Provided that no such fee shall be payable in the case of an appeal referred to insub-section (2) or a memorandum of cross-objections referred to in subsection(4).(7) An application for stay of demand shall be accompanied by a fee of fivehundred rupees.]Orders of Appellate Tribunal.254. (1) The Appellate Tribunal may, after giving both the parties to the appealan opportunity of being heard, pass such orders thereon as it thinks fit 38 .(1A) 39 [***](2) The Appellate Tribunal may, at any time within four years from the date of theorder, with a view to rectifying any mistake apparent from the record 40 , amendany order passed by it under sub-section (1), and shall make such amendment 40if the mistake is brought to its notice by the assessee or the 41 [Assessing] Officer :Provided that an amendment which has the effect of enhancing an assessmentor reducing a refund or otherwise increasing the liability of the assessee, shall notbe made under this sub-section unless the Appellate Tribunal has given notice tothe assessee of its intention to do so and has allowed the assessee a reasonableopportunity of being heard :42[Provided further that any application filed by the assessee in this sub-sectionon or after the 1st day of October, 1998, shall be accompanied by a fee of fiftyrupees.]43[(2A) In every appeal, the Appellate Tribunal, where it is possible, may hear anddecide such appeal within a period of four years from the end of the financialyear in which such appeal is filed under sub-section (1) 44 [or sub-section (2)] ofsection 253 :45[Provided that the Appellate Tribunal may, after considering the merits of theapplication made by the assessee, pass an order of stay in any proceedingsrelating to an appeal filed under sub-section (1) of section 253, for a period notexceeding one hundred and eighty days from the date of such order and theAppellate Tribunal shall dispose of the appeal within the said period of stayspecified in that order:37. Inserted by the Finance Act, 1999, w.e.f. 1-6-1999.38. For the meaning of the expression “pass such orders . . . as it thinks fit”, see Taxmann’sDirect Taxes Manual, Vol. 3.39. Omitted by the Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. Original subsectionwas inserted by the Finance Act, 1964, w.e.f. 1-4-1964.40. For the meaning of the terms/expressions, “mistake apparent from the record” and“amendment”, see Taxmann’s Direct Taxes Manual, Vol. 3.41. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.42. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.43. Sub-sections (2A) and (2B) inserted by the Finance Act, 1999, w.e.f. 1-6-1999.44. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000.45. Substituted by the Finance Act, 2007, w.e.f. 1-6-2007. Prior to their substitution, provisos,as inserted by the Finance Act, 2001, w.e.f. 1-6-2001, read as under :(Contd. on p. 1.862)