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The Excess Profits Tax Act, 1940

( ACT NO. XV OF 1940 )

Appeals
17. (1) Any person aggrieved by a decision made in pursuance of section 8, or objecting to the amount of excess profits tax for which he is liable as assessed by the Excess Profits Tax Officer or denying his liability to be assessed under this Act, or objecting to any penalty imposed by the Excess Profits Tax Officer, or to the amount of any deficiency of profits as assessed by the Excess Profits Tax Officer, or to the amount allowed by the Excess Profits Tax Officer, by way of relief under any provision of this Act or to any refusal by the Excess Profits Tax Officer to grant relief may appeal to the Appellate Assistant Commissioner:
 
 
 
 
Provided that no appeal shall lie against a determination of the amount of the profits of any standard period where those profits have been determined in accordance with the second proviso to rule 1 of the First Schedule except in respect of adjustments made under the provisions of that Schedule:
 
 
Provided further that no appeal shall lie under this section against any apportionment made by the Excess Profits Tax Officer under the proviso to sub section (5) of section 8, against any refusal to make modifications or against any modifications made by the Excess Profits Tax Officer under sub section (8) of section 8, against any decision of the Excess Profits Tax Officer under rule 11 of the First Schedule, or against any decision of the Board of Referees or the National Board of Revenue.
 
 
 
 
(2) An appeal shall ordinarily be presented within forty five days of receipt of the notice of demand relating to the assessment or penalty objected to, or in the case of an appeal against the assessment of a deficiency of profits, within forty five days of the receipt of the copy of the order determining the deficiency, or in the case of an appeal against the amount of a relief granted or a refusal to grant relief, within forty five days of the receipt of the intimation of the order granting or refusing to grant the relief, but the Appellate Assistant Commissioner may admit an appeal after the expiration of that period if he is satisfied that the appellant had sufficient cause for not presenting it within that period.
 
 
 
 
(3) An appeal shall be in the prescribed form and shall be verified in the prescribed manner.
 
 
 
 
(4) The Appellate Assistant Commissioner shall determine the appeal after giving both parties to the appeal an opportunity of being heard.
 
 
 
 
If the Appellate Assistant Commissioner is not satisfied that the assessment, decision or order which is the subject of appeal ought to be interfered with, he shall reject the appeal and the assessment, decision or order shall stand good.
 
 
 
 
If he is satisfied that the assessment, decision or order ought to be interfered with, he shall, subject to the provisions of this Act, pass such orders as he thinks fit and such orders may include on order enhancing the assessment or penalty:
 
 
 
 
Provided that an order enhancing as assessment or penalty shall not be made unless the person affected thereby has been given an opportunity of showing cause against the enhancement.

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