Appeals to the Appellate Tribunal
Appeals to the Appellate Tribunal.
253. *(1) Any assessee aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order—
(a) an order passed by an Appellate Assistant Commissioner 1[or, as the case may be, a Commissioner (Appeals)] under sub-section (2) of section 131, section 154, section 250 3[or section 271, section 271A or section 272A]; or
(b) an order passed by an Inspecting Assistant Commissioner under section 154 or 4{5[section 272A}] ; or
(c) an order passed by a Commissioner under section 263 1[or under section 272A] or under section 285A or an order passed by him under section 154 amending his order under section 263.
(2) *The Commissioner may, if he objects to any order passed by an Appellate Assistant Commissioner 2[or, as the case may be, a Commissioner (Appeals)] under section 154 or section 250, direct the Income-tax Officer to appeal to the Appellate Tribunal against the order.
(3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be.
† (4) The Income-tax Officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the Appellate Assistant Commissioner 2[or, as the case may be, the Commissioner (Appeals)] has been preferred under sub-section (1) or sub-section (2) by the other party, may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner, against any part of the order of the Appellate Assistant Commissioner 2[or, as the case may be, the Commissioner (Appeals)] and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub section (3).
(5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period.
(6) An appeal to the Appellate Tribunal shall be in the prescribed form‡ and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by 3[a fee of one hundred and twenty-five rupees].
1. Inserted by the Finance (No. 2) Act, 3977, with effect from a date to be notified later on.
3. Substituted for the words and figures "or section 271A" by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
4. Substituted, Substituted for the words and figures "or section 271A" by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.., for the expression "sub-section 2 of section 274".
5. "section" 272A" shall be omitted by the Finance (No. 2) Act, 1977, with effect from a date to be notified later on.
* See rule 47(1).
1. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
2. Inserted by the Finance (No. 2) Act, 1977, with effect from a date to be notified later on.
3. Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
* See rule 47(1).
† See rule 47(2) and Form No. 36A.
‡ See Form No. 36.
[As Amended by the Finance (No. 2) Act, 1977]