KGST Rules 40Chapter VI · Appeals, Revisions and Refunds

Section 40 · Filing of appeal to the Sales Tax Appellate Tribunal

- (l) (a) Every appeal under section 39 (1) to the Appellate Tribunal shall be in Form 22 and 4shall be verified in the manner specified therein.(b)It shall be in quadruplicate and accompanied by four copies (one of which shall be the original or authenticated copy) of the order appealed against and also three copies of the order of the assessing authority.(c)In the case of an appeal against any order referred to in the first proviso to sub-section (1) of section 34, it shall also be accompanied by original of the demand notice.

(2)

(a)

Every application for review under Section 39(7) (b) to the Appellate Tribunal shall be preferred in Form 33 and shall be verified in the manner specified therein.

(b)

It shall be in quadruplicate and shall be accompanied by four copies of the order of the Appellate Tribunal.

(3)

If an appeal or an application for review filed by an assessee under Section 39 is allowed by the Appellate Tribunal, or if such appeal or application is disposed of by the Appellate Tribunal without going into the merits, or if such appeal or application is rejected under the Sales-tax Appellate Tribunal Regulations the Appellate Tribunal may in its discretion, by order, refund either wholly or partly, the fee paid by the assessee under sub-section (3) or subsection (7) (b) of Section 39.

(4)

The memorandum of cross-objections referred to in Section 39 (3) shall be in Form 34 and shall be verified in the manner specified therein.

(5)

When in any case the Officer empowered by Government under Section 39 or the other person referred to in Section 39, as the case may be, fails to file a memorandum of cross objections within the time provided for in Section 39(2) the appeal shall be disposed of on its merits by the Sales-tax Appellate Tribunal.

(6)

The notice referred to in sub-section (2) of section 39 shall be in Form No. 34A.

(7)

After the final hearing of the appeal, cross objection or application for review, the Appellate Tribunal shall notify a date, which shall not be later than thirty days from the date of such final hearing, for the pronouncement of the orders in such appeal, cross objection or review and on such notified date the Appellate Tribunal shall pronounce the order.

(8)

The order in appeal, cross objection or review shall be communicated to the appellant and respondents 5cwithin sixty days of the pronouncement of such order.

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