Clause 262 - Procedure for dispute resolution. - Direct Taxes Code, 2010

Procedure for dispute resolution. 262. (1) An appellant may prefer an appeal against the orders referred to in serial numbers 4 and 5 of the Table given in section 256 for seeking resolution of a dispute. (2) Every appeal under sub-section (1) shall be preferred within a period of sixty days from the date on which the order sought to be appealed against is communicated to the appellant. (3) The respondent, on receipt of notice that an appeal against the order of the Commissioner (Appeals) has been preferred under sub-section (1) by the other party, may file a memorandum of cross objections against any part of the order of the Commissioner (Appeals) within a period of thirty days of the receipt of the notice. (4) The memorandum of cross objections shall be disposed of by the Authority as if it were an appeal preferred within the time specified in sub-section (2). (5) The Authority may admit an appeal, or a memorandum of cross objections, after the expiry of the period specified in sub-section (2) or sub-section (3), if— (a) it is satisfied that the appellant had sufficient cause for not preferring it within that time; and (b) the delay in filing the appeal does not exceed a period of one year. (6) The appeal, or the memorandum of cross objections, shall be in such form and manner and be verified in such manner as may be prescribed. (7) The appeal by the public sector company shall be accompanied by such fees as may be prescribed. (8) The Authority may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (9) A copy of the order passed by the Authority shall be sent to both the parties. (10) Every appeal preferred under this section shall be heard and disposed of by the Authority as expeditiously as possible and endeavour shall be made to dispose of such appeal within a period of two years from the end of the financial year in which the appeal is preferred. (11) The order or direction of the Authority in the matter of an appeal shall be final and binding on both the parties.