Clause 190 - Orders of the Appellate Tribunal - Direct Taxes Code Bill, 2009

Orders of the Appellate Tribunal 190. (1) The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (2) The Appellate Tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the Assessing Officer. (3) An amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under sub-section (2) unless the Appellate Tribunal has allowed the assessee a reasonable opportunity of being heard. (4) The appellate Tribunal, where it is possible, may hear and decide the appeal within a period of two years from the end of the financial year in which the appeal is filed under section 188. (5) The Appellate Tribunal shall send a copy of any orders passed under this section to the assessee and to the Commissioner. (6) The orders passed by the Appellate Tribunal shall be final, subject to the provisions of section 192.