Section 12 in The Compulsory Deposit Scheme (Income Tax Payers) Act, 1974
12. Appeals and revision.
(1)Subject to the provisions of sub- section (2), any depositor"] aggrieved by any order of the Income- tax Officer under section 10, may Appeal to the Appellate Assistant Commissioner and the provisions of the Income- tax Act relating to appeals, reference and revision shall, so far as may be, Apply in relation as they apply in relation to an order of the Income- tax sing a penalty under section 221 of that Act.(2)Where an order referred to in sub- section (1) is made by an Inspecting Assistant Commissioner in exercise of the powers or functions conferred on or assigned to him under section 125 or section 125A of the Income- tax Act, the provisions of that sub- section shall have effect as if for the words" Appellate Assistant Commissioner", the words and brackets" Commissioner (Appeals)" were substituted."]12 (1) Where any order imposing a penalty under section 10 made by the Income- tax Officer before the date on which the Finance (No. 2) Act, 1980 received the assent of the President (such order being hereafter in this section referred to as pre- amendment penalty order) has not been made the subject matter any subsequent proceeding by way of appeal or revision under this Act, then, the depositor aggrieved by such order may, if the considers that no such penalty would have been levied if the amendments made to section 10 by the Finance (No. 2) Act, 1980 had been in force on the date of passing of such order, make an application to the Income- tax Officer for a special review.(2)Where a pre- amendment penalty order has been made the subject matter of any subsequent proceeding by way of an appeal or revision under this Act, the depositor aggrieved by the order passed in any such proceeding or as the case may beg the last of such proceedings may, if he considers that no such penalty would have been levied if the amendments made to section 10 by the Finance (No. 2) Act, 1980 had been in force on the date of passing of the pre- amendment penalty order, make an application to the authority which passed the order in such proceeding or, as the case may be, the last of such proceedings for a special review.(3)The application referred to in sub- section (1) or sub- section (2) shall be presented before the 1st day of January, 1981 : Provided that the Income- tax Officer or the other authority to whom an application for special review is made may admit such application after the said date if he or it is satisfied that the depositor had sufficient cause for not presenting it before the said date.(4)The income- tax Officer or other authority to whom the application for special review is made under sub- section (1) or sub- section (2), may make such enquiry or cause such enquiry to be made and, subject to the provisions of this Act, may pass such order as he or it thinks fit.(5)The provisions of section 12 shall, so far as may be, apply in relation to an order passed under sub- section (4) as they apply in relation to a pre- amendment penalty order or, as the case may be, an order passed by any other authority under that section.(6)The special review under this section shall be in addition to and not in derogation of any other remedy which an aggrieved depositor may have under this Act. Explanation.- For the purposes of this section," authority" includes the Appellate Tribunal.]
