Section 14AB in Kerala Tax on Entry of Goods Into Local Areas Act, 1994
14AB. Revision by the High Court.
- [(1) Any officer empowered by the Government in this behalf or any other person objecting to an order passed by Appellate Tribunal under section 14 A may, within in ninety days from the date on which a copy of such order is served on him in the manner prescribed, prefer a petition to the High Court on the ground that Appellate Tribunal has either decided erroneously or failed to decided any question of law:Provided that the High Court may admit a petition preferred after the period of ninety days aforesaid if it is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period.(2)The petition shall be in the prescribed form and shall be verified in the prescribed manner and where it is preferred by a person other than an officer empowered by the Government under sub¬section (1) it shall be accompanied by a fee of two thousand rupees.(3)If the High Court, on perusing the petition, considers that there is no sufficient ground for interfering, it may dismiss the petition summary;Provided that no petition shall be dismissed unless the petitioner has had a reasonable opportunity of being heard.(4)If the High Court does not dismiss the petition summarily, it shall after giving both the parties to the petition a reasonable opportunity of being heard, determine the question of law raised and either reverse, affirm or amend the order against which the petition was preferred or remit the matter to the Appellate Tribunal with the opinion of the High Court on the question of law raised, or pass such order in relation to the matter as the High Court thinks fit.(5)Where the High Court remits the matter under sub-section (4) with its opinion on the question of law raised, the Appellate Tribunal shall amend the order passed by it in conformity with such opinion.(6)Before passing an order under sub-section (4) the High Court may, if it considers it necessary so to do, remit the petition to the Appellate Tribunal, and direct it to return the petition with its fining on any specific question or issue.(7)Notwithstanding than a petition has been preferred under sub-section (1), the tax shall be paid in accordance with the order against which the revision has been preferred;Provided that the High Court may, in its discretion, give such direction as it thinks fit in regard to the payment of the tax before the disposal of the petition, if the petitioner furnishes sufficient security to its satisfaction in such form and in such manner as may be prescribed.(8)The High Court may, on the application of any part to a revision under this section, review any order passed by it on the basis of the discovery of new and important facts which after the exercise of due diligence were not within the knowledge of the applicant or could not be produced by him when the order was made.(9)The application for review shall be preferred in the prescribed manner and within one year from the date on which a copy of the order to which the application related was served on the applicant on the manner prescribed and where it is preferred by a person other than an officer empowered by the Government under sub-section (1), it shall be accompanied by a fee of one thousand five hundred rupees.(10)If, as a result of the revision of review, any change becomes necessary in any assessment, the High Court may direct the assessing authority to amend the assessment, authority to amend the assessment accordingly, and on such amendment being made any amount paid in excess by any person shall be refunded to him, or the further amount of tax due from him shall be collected in accordance with the provisions of this Act, as the case may be.] [Inserted by Act 42 of 2005 w.e.f. 1-4-2005.]
