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10. Direct Appeal to High Court from 1-10-98 Onwards .


1.         An appeal shall lie to the High Court against the decision of the Appellate Tribunal. The appeal will be admitted only if High Court is satisfied that the case involves a substantial question of law.

2.         The appeal can be made within 120 days from the day on which order, against which appeal is being made, was communicated to the assessee. It must be accompanied by a fee of Rs. 10,000 if appeal is filed by the assessee. The appeal shall precisely state the substantial question of law.

3.         If High Court is satisfied that a substantial question of law is involved in any case, it shall formulate such question Of law.

4.         The appeal shall be heard only on question of law so formulated and respondents shall have the right to argue that question of law is not involved.

The High Court can hear any other question of law (after recording the reasons), if it is satisfied that the case involves such other question of law.

5.         The High Court will decide the question of law and deliver the judgment, which shall contain the grounds on the basis of which such decision is founded and it may award costs as it may deem fit.

6.         The High Court may determine any other matter which

(a)       has not been determined by the Appellate Tribunal ; or

(b)       has been wrongly determined by the Appellate Tribunal.

7.         The appeal shall be heard by a bench of at least two judges and shall be’ decided in accordance with their opinion or their majority. In case there is no majority Judges shall state the case to another Judge/Judges of the High Court and such case shall be decided by the majority of the Judges including those who first heard it.

8. The Assessing Officer shall give effect to the Judgment of the High Court on the basis of certified copy of the Judgment.
More Topics ....@ Appeals !
‘Right To Appeal’ Is A Statutory Right Under Income Tax Act.
Powers of Commissioner (Appeals) [Section 251)
Appeal to Appellate Tribunal
Constitution of Tribunal (Section 252)
Appealable Orders [Section 253]
Form, Fee And Time Limit Of Appeal [Section 253 (6)]
Orders Of The Appellate Tribunal [Section 254]
Procedure in Appeal [Section 255]
Appeal to National Tax Tribunal (NIT) w.e.f. 6-1-2006
Direct appeal to High Court from 1-10-98 onwards
Appeal to Supreme Court after 1-10-98 [Section 261]
Timelines for Filing Appeal to High Court
Appeal to National Tax Tribunal (NIT) w.e.f. 6-1-2006  
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