Section 55 in The Chhattisgarh Value Added Tax Act, 2005
55. Statement of case to High Court.
(1)Within sixty days from the date of communication by the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] of any order to as dealer or to the Commissioner under Section 48 or Section 49 or Section 56 the dealer or the Commissioner may, by application in writing accompanied, where the application is made by a dealer by a fee of one hundred rupees, require the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] to refer to High Court any question of law arising out of such order and where the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] decides to make a reference to the High Court, it shall draw up statement of the case and refer it accordingly.(2)If for reasons to be recorded in writing, the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] refuses to make a reference, the applicant may within sixty days from the date of communication of such refusal-(a)withdraw his application and if he does so, the fee paid shall be refunded, or(b)apply to the High Court to require the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] to make a reference.(3)If upon the receipt of an application under clause (b) of sub-section (2) the High Court is satisfied that the refusal was not justified, it may require the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] to state case and refer it, and on receipt of such requisition, the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] shall act accordingly.(4)If the High Court is satisfied that the case stated is not sufficient to enable it to determine the question of law raised, it may call upon the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] to make such additions or alterations as the Court may direct in that behalf.(5)The High Court upon the hearing of a reference under this section shall decide the question of law raised therein and shall deliver judgment thereon containing the grounds of decision and shall send to the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] a copy of the judgment under the seal of the Court and the signature of the Registrar, and the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] shall dispose of the case accordingly.(6)Where an appeal against the judgment of the High Court under sub-section (5) is entertained by the Supreme Court, the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] shall dispose of the case in accordance with the judgment delivered by the Supreme Court and for this purpose a copy of the judgment of the Supreme Court shall be sent to the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] by the High Court under its seal and the signature of the Registrar.(7)The cost of reference under this section, including the disposal of the fee referred to in sub-section (1) shall be in the discretion of the Court.(8)The tax ordered by the [Tribunal] [Substituted by C.G. Act No. 2 of 2006.] to be paid by an order in respect of which an application has been made under sub-section (1) shall notwithstanding the making of such application or any reference in consequence thereof, be payable upon the making of the order.(9)Where as a result of a reference under this section the tax due from any dealer is reduced below the amount paid by him under sub-section (8), the difference shall be refunded to him in accordance with the provisions of Section 39.
