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State of Kerala - Section

Section 10 in Kerala Buildings Tax Act, 1961

10. Appeals.

(1)Any assessee objection to the amount of building tax assessed under section 8 or denying his liability to be assessed under this Act or objecting to any order of the assessing authority under this Act may appeal to the appellate authority against the assessment or against such order:Provided that no such appeal shall lie unless the tax has been paid
(2)The appeal shall be in the prescribed form and shall be verified in the prescribed manner.
(3)The appeal shall be presented within a period of thirty days from the date of service of the notice of demand relating to the assessment or the date of service of the order; but the appellate authority may admit an appeal presented after the expiration of the said period if it is satisfied that eh appellant had sufficient cause for not presenting it within the said period, provided however that no such appeal shall be admitted after a period of six months from the date of service of the notice of demand relating to the assessment or the date of service of the order, as the case may be.
(4)The appellate authority shall fix a day and place for the hearing of the appeal and may form time to time adjourn the hearing and make or cause to be made such further inquiry as it thinks fit. At the hearing of the appeal the assessing authority shall also have a right to be heard.
(5)In disposing of an appeal the appellate authority may, subject to the provisions of section 11,-
(a)in the case of an order of assessment-
(i)confirm, reduce, enhance, or annul the assessment,
(ii)set aside the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed; or
(b)in the case of any other order, confirm, cancel or vary such order.
(6)The appellate authority shall, on the conclusion of the appeal communicate the order passed by it to the assessee and the assessing authority.
(7)The orders passed by the appellate authority shall, subject to the provisions of section 12, be final and shall not be liable to be questioned in a court of law.