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[Cites 0, Cited by 5] [Entire Act]

State of Bihar - Section

Section 9A in The Bihar Electricity Duty Act, 1948

9A. [ Appeal. [Inserted by (Amendment) Act 4 of 1955.]

(1)Any Licensee or other person objecting to an order of assessment with or without penalty passed under this Act, or the rules made thereunder may, within the prescribed period and in the prescribed manner, appeal to the prescribed authority against such order of assessment or penalty or both:Provided that no appeal shall be entertained by such authority unless it is satisfied that twenty per centum of the duty assessed or such amount of duty as the appellant may admit to be due from him, whichever is greater, has been paid:["Provided further that where the prescribed authority revises any order of its motion, no proceeding for such revision shall be initiated at any time except before the expiry of two years from the date of the said order."]
(2)Subject to such rules as may be prescribed, the appellate authority may, in disposing of an appeal under sub-section (1)-
(a)confirm, reduce, enhance or annul the assessment or penalty, or both; or
(b)set aside the assessment or penalty, or both, and direct the assessing authority to make a fresh assessment after making such further inquiry as may be directed by the appellate authority.
(3)Subject to such rules as may be prescribed and for reasons to be recorded in writing the prescribed authority may, upon application or of its own motion, revise any order passed under this Act or the rules made thereunder:Provided that no order of assessment shall be revised upon application on the assessee, unless an order under sub-section (2) has been previously passed in respect of such order:Provided further that where the prescribed authority revises any order of its own motion, no proceeding for such revision shall be initiated at any time before the expiry of two years from the date of the said order.
(4)Subject to such rules as may be prescribed any order passed under this Act or the rules made thereunder may be reviewed by the authority passing it or by its successor-in-office.]