Limitation / Compliance by Assessee , Assessing Authority, etc. Under Income Tax Act, 1961. |
Advance Tax All assessees other than covered under section 44AD or 44ADA
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
211(1) |
Payment of advance income-tax in specified instalments: |
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(i) 15% |
On or before 15th June of the relevant Financial Year |
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(ii) 45% - already paid on or before 15th June |
On or before 15th September of the relevant Financial Year |
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(iii) 75% - already paid on or before 15th September |
On or before 15th December of the relevant Financial Year |
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(iv) 100% - already paid on or before 15th December |
On or before 15th March of the relevant financial year |
220(1) |
Payment of amount other than advance tax in response to notice under section 156 |
Within 30 days of the service of demand notice or within date extended on request or within shorter period specified in revenue's interest |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
239(2)(c) |
Making claim for refund |
Within 1 year from the last day of relevant assessment year |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
139(1) |
Filing return of income |
31st July/31st October/30th November. of the assessment year, as the case may be |
139(4) |
Filing belated return of income |
It should be furnished before the end of relevant assessment year or before completion of assessment whichever is earlier. |
139(4A) |
Filing return by every person receiving income in respect of which he is assessable as a representative assessee from property held under trust/legal obligation wholly or partly for charitable or religious purposes, etc., if total income exceeds maximum amount not chargeable to tax |
Within time allowed under section 139(1) |
139(4B) |
Filing of return by every political party, having taxable income, by its Chief Executive Officer |
Within time allowed under section 139(1) |
139(4C) |
Filing of returns by scientific research institutions, news agency, trade union, notified trust or institution, educational and medical institutions whether or not financed by the Government, notified body or authority, infrastructure debt fund, mutual funds, securitisation trust, venture capital company, venture capital fund, etc. |
Within time allowed under section 139(1) |
139(4D) |
Filing of return by a university, college or other institution referred to in section 35(1)(ii) & (iii) |
Within time allowed under section 139(1) |
139(4E) |
Filing of return of income by a business trust |
Within time allowed under section 139(1) |
139(4F) |
Filing of return of income by an investment fund referred to in S 115UB |
Within time allowed under section 139(1) |
139(5) |
Filing revised return |
For assessment year 2019-20 and onwards by the end of the assessment year or before the completion of assessment, whichever is earlier |
139(9) |
Rectifying defect in return of income |
Within 15 days from date of intimation by Assessing Officer or extended time |
172(3) |
Furnishing of return of the full amount paid or payable to non-resident owner or charterer of ship towards passenger fares, freight, etc. by master of ship to Assessing Officer |
Before departure of ship from any port in India, or within 30 days thereafter if permitted by the Assessing Officer |
172(7) |
Submission of claim by owner or charterer of ship that assessment be made of his total income of the previous year and tax payable by him be determined in accordance with other provisions of the Act. |
Before the expiry of the assessment year relevant to the previous year in which the date of departure of the ship from Indian port falls |
142A |
Report of Valuation Officer estimating the value including market value of any asset |
Within a period of 6 months from the end of the month in which a reference is made u/s 142A(1) by the A.O. |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
143(1) |
Sending intimation regarding tax or interest due from assessee or refund due to the assessee |
Before expiry of 1 year from the end of the financial year in which the return is made. |
143(2) |
Serving notice for scrutiny, requiring attendance of assessee/production of evidence |
Before the expiry of 6 months from the end of the financial year in which the return/revised return is furnished |
147/149 |
Reassessment where assessment has been made u/s 143(3) or 147 where the escapement of income is not because of assessee's failure to file return u/s 139 or in pursuance of notice u/s 142(1) or 148 or to disclose fully and truly all material facts other than a case where any income in relation to any asset (including financial interest in any entity) located outside India chargeable to tax has escaped assessment for any assessment year |
Within 4 years from end of relevant assessment year |
149(1) |
Serving notice by Assessing Officer for reassessment: Where the escaped income— |
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(a) is less than ₹1,00,000 |
Within 4 years from the end of the relevant assessment year |
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(b) is ₹1,00,000 or more |
Within 6 years from the end of relevant assessment year |
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(c) any income in relation to any asset (including financial interest in any entity) located outside India chargeable to tax has escaped assessment for any assessment year |
Within 16 years from the end of relevant assessment year |
149(3) |
Issuing notice under section 148 to agent of non-resident under section 163 |
Within 6 years from the end of the relevant assessment year |
153(1) |
Passing assessment order under section 143 or 144 |
Existing provisions
In respect of an order of assessment relating to assessment year commencing on 1.4.2018 —
18 months from the end of relevant assessment year in which the income was first assessable.
In respect of an order of assessment relating to assessment year commencing on or after 1.4.2019 —
12 months from the end of relevant assessment year in which the income was first assessable. |
153(2) |
Making assessment/reassessment, etc., under section 147 |
Where the notice under section 148 is served on or after 1.4.2019—
12 months from the end of the Financial Year in which the notice u/s 148 was served on the assessee. |
153(3) |
Making assessment order in pursuance of order under section 250, 254, 263 or 264 setting aside or cancelling assessment |
If order under section 250/254 is received/passed u/s 263/264 by the Commissioner within 9 months from the end of the financial year in which order u/s 250/254 is received by Chief Commissioner/Commissioner or order u/s 263/264 is passed by Chief Commissioner or Commissioner
Where the order under section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Principal Commissioner or Commissioner on or after the 1st day of April, 2019—
12 months from the end of the Financial Year in which such order of set aside or canceling the assessment:
(i) passed by the tribunal u/s 254 was received by the Principal CCIT/CCIT/ Principal CIT/CIT or
(ii) was passed by the Principal CIT/CIT, u/s 263 or 264 as the case may be.
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153(4) |
Where reference under section 92CA(1) is made during the course of the proceedings for assessment or reassessment |
The period mentioned against section 153(1), (2) & (3) above shall be extended by 12 months |
153(5) |
Where effect to an order u/s 250 or section 254 or section 260 or section 262 or section 263 or section 264 is to be given by the A.O. otherwise than by making a fresh assessment or reassessment |
Effect shall have to be given within 3 months from the end of the month in which order section 250 or section 254 or section 260 or section 262 is received by Principal Chief Commissioner/ Chief Commissioner/Principal Commissioner/Commissioner or order u/s 263 or 264 is passed by the Principal Commissioner/ Commissioner
However, it can be extended by 6 months by Principal Commissioner/ Commissioner in certain cases
Such effect shall be given within a period of 3 months from the end of the month in which—
(i) order under section 250 or section 254 or section 260 or section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner,
(ii) the order under section 263 or section 264 is passed by the Principal Commissioner or Commissioner: as the case may be,
Provided that where it is not possible for the Assessing Officer to give effect to such order within the aforesaid period, for reasons beyond his control, the Principal Commissioner or Commissioner on receipt of such request in writing from the Assessing Officer, if satisfied, may allow an additional period of 6 months to give effect to the order. Provided further that where an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 requires verification of any issue by way of submission of any document by the assessee or any other person or where an opportunity of being heard is to be provided to the assessee, the order giving effect to the said order u/s 250 or section 254 or section 260 or section 262 or section 263 or section 264 shall be made within the time specified in section 153(3). |
153B |
Making assessment in case of search or requisition (a) For each assessment year following within 6 assessment years immediately preceding the assessment year relevant to the previous year in which the search is conducted |
Within 21 months from the end of the financial year in which the last of the authorisations for search was executed.
For assessment of other person covered u/s 153C, the limitation is 21 months from (33 months if reference is made to TPO) the end of the financial year in which the last of authorisation was executed or 9 months from the end of the financial year in which books of account or documents or assets are handed over u/s 153C to the jurisdictional Assessing Officer, whichever is later. |
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(b) For the assessment year relevant to the previous year in which the search is conducted |
Within 21 (33 months if reference is made to TPO) months from the end of the financial year in which the last of the authorizations for search was executed
For search and seizure cases conducted in the financial year 2018-19, the time limit for making an assessment order under section 153A shall be reduced from existing 21 months to 18 months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed.
Further, for search and seizure cases conducted in the financial year 2019-20 and onwards, the said time limit shall be further reduced to 12 months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed.
Similarly, the period of limitation for making the assessment or reassessment in case of other person referred to in section 153C, shall be—
— the period available to make assessment or reassessment in case of person on whom search is conducted (see above) or
— 12 months from the end of the financial year in which books of accounts or documents or assets seized or requisitioned are handed over under section 153C to the Assessing Officer having jurisdiction over such other persons,
whichever is later.
Where a proceeding before the Settlement Commission abates under section 245HA, the period of limitation available under this section for assessment or reassessment shall after the exclusion of the period under sub-section (4) of section 245HA shall not be less than one year; and where such period of limitation is less than one year, it shall be deemed to have been extended to one year.
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200A |
Sending intimation to the deductor specifying the sum (including interest) determined to be payable by or the amount of refund due to him after making adjustment under 200A(1) in the statement of TDS filed by the deductor |
Before the expiry of one year from the end of the financial year in which the statement is filed. |
201(3) |
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Before the expiry of 7 years from the end of the financial year in which payment is made or credit is given. Order to be passed under section 201(1) for holding the assessee deemed to be in default for failure to deduct the whole or any part of the tax from a person resident in India |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
249(2)/(3) read with 154(2) |
Filing appeal to Commissioner (Appeals)— |
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(a) relating to tax deducted at source under section 195(1) |
Within 30 days from the date of payment of tax or within extended time |
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(b) relating to any assessment/penalty |
Within 30 days from the date of the service of notice of demand or within extended time |
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(c) in any other case |
Within 30 days from date of communication of order or within extended time |
250(6A) |
Decision on appeal by Commissioner (Appeals) |
Wherever it is possible, within 1 year from the end of the financial year in which appeal is filed. |
253(3)/(5) |
Filing appeal to Tribunal |
Within 60 days from the date on which order sought to be appealed against is communicated or within extended time. |
253(4)/(5) |
Filing memo of cross-objections to Tribunal |
Within 30 days of receipt of notice of filing appeal or within extended time |
254(2A) |
Decision on appeal by the Tribunal |
Wherever it is possible, within 4 years from the end of the financial year in which appeal is filed |
260A(2) |
Filing of appeal to High Court |
Within 120 days of the date on which order of Tribunal is received. |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
Proviso to S. 245C(1) |
Payment of addition income-tax in respect of income disclosed in the application |
On or before the date of making the application. |
245D(1) |
Order for admission or rejection of application |
14 days from the date of receipt of application.
If no order has been passed within the aforesaid period, the application shall be deemed to have been allowed to be proceeded with |
245D(2B), |
Furnishing of the report to the Settlement Commission by CIT |
Within 30 days of receipt of communication from Settlement Commission |
245D(4A) |
Order of settlement by the Settlement Commission where the application is made on or after 1-6-2007 |
Within 18 months from the end of the month in which the application for settlement was made. |
Proviso 1 to 245D(6B) |
Filing of application for rectification by the Principal Commissioner or the Commissioner or the applicant as the case may be. |
Within a period of 6 months from the end of the month in which an order section 245D(4) is passed. |
245D(6B) |
Rectification of mistake in an order passed by Settlement Commission |
(a) By settlement Commission suo motto within a period of 6 months from the end of the month in which the order is passed
(b) within a period of 6 months from the end of the month in which an application for rectification has been made by the Principal Commissioner or the Commissioner or the applicant as the case may be. |
245D(7) |
Completion of proceedings where settlement becomes void as provided in section 245D(6) |
Within 2 years from the end of the financial year in which the settlement became void |
245E |
Reopening of the proceedings completed by Settlement Commission |
Where application is made u/s 245C on or after 1-6-2007, completed proceedings shall not be reopened |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
263(2)/25(3) |
Revising orders prejudicial to revenue by Commissioner |
Within 2 years from the end of financial year in which order sought to be revised was passed |
263(3)/25(4) |
Revision by Commissioner of orders passed pursuant to any finding or direction by Tribunal, High Court or Supreme Court |
No time limit |
264(2)/25(1) |
Revision of orders by Commissioner on his own motion (not prejudicial to assessee) |
Before the expiry of 1 year from the date of order of Assessing Officer |
264(3)/25(1) |
Filing revision petition to Commissioner (order not to be prejudicial to assessee) |
Within 1 year from date of communication of order sought to be revised or date of his knowledge in respect thereof or within the extended time |
264(6) |
Passing an order in respect of application by an assessee on or after 1st October, 1998 |
Within 1 year from the end of the financial year in which such application is made for revision. |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
154(2)/35(7) |
Rectifying mistakes apparent from record for assessment or other cases by any Income-tax Authority |
Within 4 years from the end of the financial year in which order sought to be amended is passed |
154(8) |
Passing of order making or refusing the amendment under section 154 |
Within 6 months from the end of the month in which the application is received by the Income-tax Authority. |
155(1A) |
Where any remuneration to any partner is not deductible u/s 40(b) in respect of any completed assessment of a firm due to assessment/reassessment, or on reduction or enhancement made in the income of a firm u/ss 154/155/250/254/260/ 262/263/263 or order passed u/s 245D(4). |
Within 4 years from the end of financial year in which the final order is passed in case of firm/ AOP/BOI |
155(4) |
Recomputing total income for succeeding year(s) in respect of loss or depreciation recomputed under section 147 |
Within 4 years from the end of financial year in which order under section 147 is passed |
155(7B) |
Recomputing deemed capital gains under section 47A |
Within 4 years from the end of previous year in which capital asset is converted into stock-intrade or in which parent company/holding company ceases to have 100% shareholding in subsidiary company |
155(10A) |
Amending order of assessment so as to exclude unadjusted amount of capital gain on long-term capital asset not chargeable under section 54E(1) |
Within 4 years from the end of the financial year in which original assessment is made |
155(11) |
Amending order of assessment to exclude capital gain not chargeable under section 54H |
Within 4 years from the end of the previous year in which compensation was granted |
155(13) |
Amending order of assessment to allow deduction under section 80HHB or section 80HHC or section 80HHD or section 80HHE or section 80-O or section 80R or section 80RR or section 80RRA when such income has been received in or brought into, India within such time as is allowed by the Reserve Bank. |
Within 4 years from the end of the previous year in which such income is received or brought into India. |
155(14) |
Amending any intimation under section 143(1) on the ground that TDS /TCS certificate was not filed with return |
Within 2 years from the end of the assessment year in which such income is assessable |
155(14A) |
Where in the assessment for any previous year or in any intimation or deemed intimation under section 143(1) for any previous year, credit for income-tax paid in any country outside India or a specified territory outside India referred to in section 90, section 90A or section 91 has not been given on the ground that the payment of such tax was under dispute, and if subsequently such dispute is settled; and the assessee, within six months from the end of the month in which the dispute is settled, furnishes to the Assessing Officer evidence of settlement of dispute and evidence of payment of such tax along with an undertaking that no credit in respect of such amount has directly or indirectly been claimed or shall be claimed for any other assessment year, |
the Assessing Officer shall amend the order of assessment or any intimation or deemed intimation under section 143(1), as the case may be, and the provisions of section 154 shall, so far as may be, apply thereto:
Provided that the credit of tax which was under dispute shall be allowed for the year in which such income is offered to tax or assessed to tax in India. |
155(15) |
Amending the order of assessment to recompute the capital gain by taking the revised value for purposes of stamp duty to be the full value of consideration |
Within 4 years from the end of the previous year in which the order revising the value was passed in that appeal or revision or reference. |
155(16) |
Amending the order of assessment to re-compute the capital gain by taking the compensation or consideration reduced by the Court, etc. |
Within 4 years from the end of the previous year in which the order reducing the compensation is passed by the Court, etc. |
155(17) |
Amending the order of assessment to re-compute the income by way of royalty attributable to the period during which the patent had been revoked or the period for which the assessee's name was excluded as patentee |
Within 4 years from the end of the previous year in which the order of the Controller or the High Court was passed |
254(2) |
Rectification of apparent mistake by Tribunal |
Within 4 years from the date of impugned order W.e.f. 1.6.2016, it shall be within 6 months from the end of the month in which order was passed. |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
254(2A) |
Order by Tribunal |
Wherever it is possible the Appellate Tribunal, may hear and decide such appeal within a period of four years from the end of the financial year in which such appeal is filed |
Proviso to 254(2A) |
Disposal of appeal if order of stay has been granted by Tribunal |
Within 180 days from the date of the stay order, otherwise the say shall stand vacated after that date.
However, if such appeal is not so disposed off within 180 days, the Tribunal may extend the period stay but the aggregate period including 180 days cannot exceed 365 days.
Further the above proviso has been amended to provide that ITAT may grant stay under the first proviso subject to the condition that the assessee deposits not less than 20% of the amount of tax, interest, fee, penalty, or any other sum payable under the provisions of this Act, or furnish security of equal amount in respect thereof. |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
158BFA/275 |
Passing penalty order: |
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(a) in a case where appeal is filed to Commissioner (Appeals)/Tribunal |
Before the expiry of financial year in which proceedings which give rise to penalty are completed, or within one year from the end of financial year in which order of CIT (Appeals)/ Tribunal is received by Chief Commissioner/Commissioner
Whichever period expires later |
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(b) in a case where relevant assessment or other order is subject-matter of revision under section 263 |
Within 6 months from the end of the month in which revision order is passed |
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(c) in any other case |
Before the expiry of the financial year in which proceedings (in course of which action for imposing of penalty has been initiated) are completed, or within 6 months from the end of the month in which penalty action is initiated, whichever is later |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
184(2)/(5) |
Furnishing of certified copy of partnership |
Along with return of income for the assessment year in which firm becomes first assessable. No need to file the same with returns for subsequent assessment years unless change in the constitution of the firm has taken place |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
131(3) |
Retention of impounded books or documents by Assessing Officer/Assistant Director |
Not more than 15 days (exclusive of holidays) without obtaining approval of Chief Commissioner/Director General/ Commissioner/Director |
132B |
Release of seized asset if the source of acquisition is explained |
Application to be made to the Assessing Officer for release of the assets within 30 days from the end of the month in which the asset was seized |
132(8) |
Retaining books of account or other documents seized under section 132(1) or 132(1A) by authorised officer |
30 days from the date of order of assessment under section 158BC(c)/153 unless period is extended by specified authority |
132(8A) |
Restraint order under section 132(3) |
The order shall remain in force only upto 60 days from the date of order |
133A |
Retention of impounded books or documents by an Income-tax Authority |
Not more than 15 days (exclusive of holidays) without obtaining approval of Chief Commissioner/Director General |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
245Q(3) |
Withdrawal of the application for Advance Ruling |
Within 30 days from the date of the application. |
245R(5) |
Pronouncement of advance ruling by the Authority for Advance Rulings. |
Within 6 months of the receipt of application. |
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Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
Schedule II Part 1, Rule 3 |
Execution of certificate drawn up |
Not before 15 days after date of service of notice under rule 2. |
Schedule II Part I, Rule 14 |
Filing of application by officer holding the sale relating to recovery from defaulting purchasers |
Within 15 days from date of resale. |
Schedule II Part II, Rule 25(5) |
Attachment of growing crop which does not admit of being stored |
Not less than 20 days before it is likely to be fit to be cut or gathered. |
Schedule II Part II, Rule 40 |
Sale of movable property (other than property, subject to speedy and natural decay and property in relation to which expense of exceed its value) |
Not before 15 days from date on which copy of sale proclamation was affixed in TRO's office keeping it in custody is likely to. |
Schedule II Part III, Rule 55 |
Sale of immovable property without written consent of defaulter |
Not until expiry of 30 days from date on which proclamation of sale has been affixed on the property or in the office of the TRO, whichever is later. |
Schedule II Part III, Rule 57 |
Payment of full amount of purchase money on sale of immovable property |
Within 15 days from date of sale |
Schedule II Part III, Rule 60 |
Application to set aside sale of immovable property on deposit of specified sum |
Within 30 days from date of sale. |
Schedule II Part III, Rule 61 |
Application to set aside sale of immovable property on ground of non-service of notice |
Within 30 days from date of sale or irregularity |
Schedule II Part III, Rule 62 |
Application for setting aside sale on ground that defaulter had no saleable interest |
Within 30 days from date of sale. |
Schedule II Part III, Rule 68B |
Sale of immovable property |
Within 4 years from the end of the financial year in which the order giving rise to demand has become final under section 245-I or under Chapter XX-C; Can be extended by one year if the immovable property is required to be resold due to highest bid being less than the reserve price or in situations mentioned in rule 57 or 58 or where sale has been set aside under rule 61;
Period of limitation to be computed in the manner laid down in rule 68B(2) |
Section |
Nature of Compliance by Assessee, Assessing Authority, etc. |
Limitation |
Schedule IV Part A, Rule 13 |
Appeal by employer against order of Chief Commissioner or Commissioner refusing to recognise or withdrawing recognition from a provident fund |
Within 60 days of such order
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Schedule IV Part B, Rule 8 |
Appeal by employer against order of Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a superannuation fund |
Within 60 days of such order |
Schedule IV Part C, Rule 8 |
Appeal by employer against order of Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a gratuity fund |
Within 60 days of such order
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