MVAT Act 111Chapter XI · Miscellaneous

Section 111 · Appearance before any authority in proceedings

(1)

Any person who is entitled or required to attend before any authority including the Appellate Tribunal in connection with any proceeding under this Act, otherwise than when required to attend personally for examination on oath or affirmation, may attend by a relative or a person regularly employed by him, or by a legal practitioner, or Chartered Accountant who is not disqualified by or under sub-section (2), or by a sale tax practitioner who possesses the prescribed qualification and is entered in the list which the Commissioner shall maintain in that behalf, and who is not disqualified by or under sub-section (2).Any person who, immediately before the commencement of this Act was a sale tax practitioner under any earlier law only if such relative, before employed, legal practitioner, Chartered Accountant, or sale tax practitioner is authorized by such person in the prescribed form, and such authorized may include the authority to act on behalf of such person in such proceedings.

(2)

The Commissioner may by order in writing and for reasons to be recorded therein disqualify for such period as is stated in the order from attending before any such authority, any legal practitioner, Chartered Accountant, or sale tax practitioner:-

(i)

Who has been removed or dismissed from Government service or.

(ii)

Who being a sales tax practitioner, legal practitioner or a Chartered Accountant is found guilty of misconduct in connection with any proceedings under this Act by the Commissioner or by an authority, if any, empowered to take disciplinary action against the member of the profession to which he belongs.

(3)

No order of disqualification shall be made in respect of any particular person unless he is given a reasonable opportunity of being heard.

(4)

Any person against whom any order of disqualification is made under this section within one month of the date of communication of such order appeal to the Tribunal to have the order cancelled or modified. The order of the Commissioner shall not take effect until one month of the making thereof or when an appeal is preferred until the appeal is decided.

(5)

The Commissioner may, at any time suo moto or on application made to him in this behalf, revoke or modify any order made against a person under sub-section (2) and there upon such person shall cease to be disqualified subject to such conditions or restrictions that may be contained in such order.

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