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8. Procedure in Appeal [Section 255].


The Appellate Tribunal shall form itself in benches constituted by its President and every Bench shall exercise the powers and discharge the function of Appellate Tribunal. The Bench shall consist of one judicial member and one accountant member.

The Tribunal shall have powers to regulate its proceedings in its own manner. The Tribunal shall for the purpose of discharging the functions have all the powers conferred upon different Income-tax authorities under Section 131. The proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings for Section 196 of I.P.C.

In case of disagreement on any issue in appeal between the members of the Bench, the matter has to be referred by the President to one or more members of the Tribunal and the matter will be decided by a majority of the members who hear the case including the members who heard it.

In case of appeal by an assessee whose tax liability does not exceed Rs. 1,00,000 (as computed by Assessing Officer), the President or any other member of the Tribunal may dispose it off sitting single.

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
Orders Of The Appellate Tribunal [Section 254]  
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