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[Cites 0, Cited by 3] [Section 3] [Entire Act]

State of Andhra Pradesh - Subsection

Section 3(3) in Andhra Pradesh General Sales Tax Act, 1957

(3)
(a)The functions of the Appellate Tribunal may be exercised -
(i)by a Bench consisting of all the members of the Appellate Tribunal, or
(ii)by a Bench consisting of two members constituted by the Chairman, or
(iii)by a Bench consisting of the Chairman and other member as constituted by the Chairman, or
(iii-a) by a Bench consisting of the other two members in case the Chairman is absent on leave or transfer or in case of the office of the Chairman is vacant otherwise;
(iv)by a single member of the Appellate Tribunal constituted by the Chairman in cases where the turnover does not exceed (rupees five lakhs):
Explanation. - The single member referred to in item (iv) above may be either the Chairman himself or any other member.
(b)Where an appeal or application is heard by all the three members of the Appellate Tribunal, and the members are divided in opinion, on any point or points, such point or points shall be decided in accordance with the opinion of the majority.
(c)Where an appeal or application is heard by a Bench consisting of two members whether it consists of the Chairman or not, and the members are divided in opinion, on any point or points, such point or points shall be referred to the Appellate Tribunal consisting of all the three members.
(d)If any case which comes up before a single member (who is not the Chairman) or a Bench (of which the Chairmen is not a member) involves a question of law, such single member or Bench may in his or its discretion, reserve such case for decision by a Bench of which the Chairman shall be a member.
(3-A) (a) Notwithstanding anything contained in sub section (1), the Government may at any time, by order, constitute an additional Bench of the Tribunal, with two members, of whom one shall be a District Judge Grade II and the other shall be an Officer of the Commercial Taxes Department of the State Government not below the rank of a Joint Commissioner to function at such place and for such period as they may specify therein.
(b)Where the members of the additional Bench are equally divided in opinion as to the decision to be given on any point or points, they shall state the point or points on which they differ and make a reference to the Chairman who shall thereupon hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the Chairman and the members of the Bench who heard the case.
(c)The regulations made under sub section (4) shall apply to the Bench constituted under this sub section.