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[Cites 0, Cited by 0] [Section 75] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 75(1) in The Police Enhanced Penalties Ordinance, 2005

(1)Within sixty days from the date of communication of the order of the Tribunal, passed in appeal being an order which affects the liability of any person to pay tax or penalty or interest or to forfeiture of any sum or which effects the recovery from any person of any amount under section 73 that person or the Commissioner, may by application in writing (accompanied where the application is made by any person other than the Commissioner by a fee of five hundred rupees) require the Tribunal to refer to the High Court any question of law arising out of such order and where the Tribunal agrees, it shall as soon as may be but not later than ninety days from the receipt of such application draw up a statement of the case and refer it to the High Court: Provided that the Tribunal may, if it is satisfied that dealer or the Commissioner was prevented by sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented within a further period not exceeding thirty days:Provided further that, if in exercise of its power under this sub- section, the Tribunal refuses to state the case which it has been required to do, on the ground that no question of law arises that person or the Commissioner may within ninety days of such refusal, either withdraw his application and if he does so, any fee paid shall be refunded, or apply to the High Court against such refusal.