Form No. 05 - Form of appeal to the Appellate Tribunal - Securities Transaction Tax Rules, 2004

Form No. 5 [ See rule 13 of Securities Transaction Tax Rules, 2004] Form of appeal to the Appellate Tribunal STTS - 5 In the Income-tax Appellate Tribunal ......................................................... *Appeal No..........of.........20..........20........... ................................. ................................. ................................. Appellant Versus Respondent 1. The State in which the assessment was made 2. Section of the Chapter VII of the Finance (No. 2) Act, 2004 under which the order appealed against was passed 3. The Commissioner (Appeals) passing the order appealed against 4. Financial year in connection with which the appeal is preferred 5. Total value of taxable securities transactions declared by the assessee for the financial year referred to in item 4 6. Total value of taxable securities transactions as computed by the Assessing Officer for the financial year referred to in item 4 7. The Assessing Officer passing the original order 8. Section of the Chapter VII of Finance (No. 2) Act, 2004 under which the Assessing Officer passed the order 9. Date of communication of the order appealed against 10. Address to which notices may be sent to the appellant 11. Address to which notices may be sent to the respondent 12. Relief claimed in appeal Grounds of appeal 1. 2. 3. 4. ect. ........................ signed (Signed) (Authorised representative, if any) (Appellant) Verification I, ................., the appellant, do hereby declare that what is stated above is true to the best of my information and belief. Place................... Date.................... ........................ Signed Notes: 1. The memorandum of appeal must be in triplicate and should be accompanied by two copies (at least one of which should be a certified copy) of the order appealed against, two copies of the relevant order of the Assessing Officer, two copies of the grounds of appeal before the first appellate authority, two copies of the statement of facts, if any, filed before the said appellate authority . 2. The memorandum of appeal by an assessee under section 111(1) of the Chapter VII of Finance (No.2) Act, 2004 must be accompanied by a fee of one thousand rupees. It is suggested that the fee should be credited in a branch of the authorised bank or a branch of the State Bank of India or a branch of the Reserve Bank of India after obtaining a challan and the triplicate chal lan sent to the Appellate Tribunal with a memorandum of appeal. The Appellate Tribunal will not accept cheques, drafts, hundies or other negotiable instruments. 3. The memorandum of appeal should be written in English or, if the appeal is filed in a Bench located in any such State as is for the time being notified by the President of the Appel late Tribunal for the purposes of rule 5A of the Income-tax (Appellate Tribunal) Rules, 1963, then, at the option of the appellant, in Hindi, and should set forth, concisely and under distinct heads, the grounds of appeal without any argument or narrative and such grounds should be numbered consecutively. 4. *The number and year of appeal will be filed in the office of the Appellate Tribunal. 5. Delete the inapplicable columns. 6. If the space provided is found insufficient, separate enclosures may be used for the purpose.