Section 24 - Appeal to the Appellate Tribunal from orders of the Deputy Commissioner (Appeals) - Wealth Tax Act, 1957

Appeal to the Appellate Tribunal from orders of the 1 [ Deputy Commissioner (Appeals). ] 24. 2 [(1) An assessee objecting to an order passed by the 3 [Deputy Commissioner (Appeals)], 4 [or the Commissioner (Appeals)] under section 18 or section 18A or section 23 5 [or section 23A]or sub-section (2) of section 37 6 [***] may appeal to the Appellate Tribunal within sixty days of the date on which the order is communicated to him.] (2) The Commissioner may, if he is not satisfied as to the correctness of any order passed by 7 [a Commissioner (Appeals) under sub-section (10) of section 23A], direct the 8 [Assessing Officer] to appeal to the Appellate Tribunal against such order, and such appeal may be made at any time before the expiry of sixty days of the date on which the order is communicated to the Commissioner. 9 [(2A) 10 The 11 [Assessing Officer] or the assessee, as the case may be, on receipt of notice that an appeal against the order of 12 [***] 13 [ 14 [***] the Commissioner (Appeals)] has been preferred under sub-section (1) or sub-section (2) by the other party, may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections verified in the prescribed manner, against any part of the order of 15 [***] 16 [ 17 [***] the Commissioner (Appeals)] and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (1) or sub-section (2).] 18 [(3) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (1) or sub-section (2) or sub-section (2A), if it is satisfied that there was sufficient cause for not presenting it within that period.] 19 (4) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in sub-section (2), be accompanied by a fee of 20 [one thousand] rupees : 21 [ Provided that in the case of an appeal not relatable to net wealth as computed by the Assessing Officer, the appeal shall be accompanied by a fee of five hundred rupees.] (5) The Appellate Tribunal may, after giving both parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the assessment or penalty : 22 [ Provided that if the valuation of any asset is objected to, the Appellate Tribunal shall,- (a) in a case where such valuation has been made by a Valuation Officer under section 16A, also give such Valuation Officer an opportunity of being heard; (b) in any other case, on a request being made in this behalf by the 23 [Assessing Officer], give an opportunity of being heard also to any Valuation Officer nominated for the purpose by the 24 [Assessing Officer] : Provided further that] no order enhancing an assessment or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. 25 [(5A) In every appeal, the Appellate Tribunal, where it is possible, may hear and decide such appeal within a period of four years from the end of the financial year in which such appeal is filed under sub-section (1) 26 [or sub-section (2)]. (5B) The cost of any appeal to the Appellate Tribunal shall be at the discretion of that Tribunal.] (6), (7), (8), (8A), and (8B) 27 [***] (9) A copy of every order passed by the Appellate Tribunal under this section shall be forwarded to the assessee and the Commissioner. (10) Save as provided in section 27 28 [or section 27A], any order passed by the Appellate Tribunal on appeal shall be final. (11) The provisions of 29 [sub-sections (1), (4) and (5) of section 255] of the Income-tax Act shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Income-tax Act. ----------------------------- Notes:- 1. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- Appellate Assistant Commissioner 2. Substituted vide Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976. Sub-section (1) was also substituted by the Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 3. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- Appellate Assistant Commissioner 4. Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 5. Inserted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 6. Omitted vide Finance (No. 2) Act, 1977, w.e.f 10-7-1978. Before it was read as:- or, an order passed by the Inspecting Assistant Commissioner under section 18A 7. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- a Deputy Commissioner (Appeals) or a Commissioner (Appeals) under section 23 Earlier the quoted portion was amended by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 8. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- Wealth-tax Officer 9. Inserted vide Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 10. See rule 6(2) of the Wealth Tax Rules, 1957 ., and Form G. 11. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- Wealth-tax Officer 12. Omitted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- the Deputy Commissioner (Appeals) Earlier Deputy Commissioner (Appeals) was substituted for Appellate Assistant Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 13. Inserted vide Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 14. Omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- or Earlier or was inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 15. Words the Deputy Commissioner (Appeals) omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Commissioner (Appeals) was substituted for Appellate Assistant Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 16. Inserted vide Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 17. Omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- or Earlier or was inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 18. Substituted vide Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 19. See rule 6(1) and Form F. 20. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- two hundred Earlier two hundred was substituted for one hundred and twenty-five by the Finance Act, 1981, w.e.f. 1-6-1981 and one hundred and twenty-five was substituted for one hundred by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 21. Inserted vide Finance Act, 1999, w.e.f. 1-6-1999. 22. Substituted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. Before it was read as:- Provided that 23. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- Wealth-tax Officer 24. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- Wealth-tax Officer 25. Sub-sections (5A) and (5B) inserted vide Finance Act, 1999, w.e.f. 1-6-1999. 26. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000. 27. Omitted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. Earlier these sub-sections were substituted for sub-sections (6), (7) and (8) by the Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 28. Inserted by the Finance Act, 1999, w.e.f. 1-6-1999. 29. Substituted vide Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. Before it was read as:- sub-sections (5), (7) and (8) of section 5A