MVAT Act 65Chapter VII · Appeal Revision and Review

Section 65 · Appeal against assessment

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(1)

Any dealer may, in the prescribed manner, appeal to the prescribed authority against assessment within forty-five days further period as may be allowed by the said authority for cause shown to his satisfaction from the receipt of a notice of demand in respect thereof.Provided that no appeal shall be entertained by the said authority unless he is satisfied that such amount of the tax penalty or interest, as the case may be, as the appellant may admit to be due from him and such percentage of the disputed tax, as may be prescribed, has been paid.

(2)

Subject to such rules of procedure as may be prescribed, the appellate authority, in disposing of any appeal under sub-section (1), may:-

(a)

Confirm, reduce, enhance or annual the assessment, or

(b)

When such authority is satisfied, for reasons to be recorded in writing, that it is not practicable or desirable to act in according with the provisions of clause (a) set aside the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed.

(3)

While acting in accordance with the provisions of clause (b) of sub-section (2), the appellant authority may set aside any part or parts of an assessment and, if he does so, the assessing authority shall make a fresh assessment in respect of such part or parts only, and the remaining part or parts of the previous assessment shall remain unaltered and valid.

(4)

Pending disposal of an appeal referred to in such section (2), the appellate authority may, on application, at his discretion and subject to such conditions and restrictions as may be prescribed stay realization of the amount of tax, penalty or interest in dispute wholly or in part.Explanation. - For the purpose of this section.

(a)

"Assessment" includes:-
(i)Assessment of tax and imposition of penalty under section 45.
(ii)Assessment of tax under section 46
(iii)Determination of interest under section 40.

(b)

"Notice of demand" means any notice served in accordance with the provisions of this Act for realization of the tax penalty or interest referred to in clause (a).

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