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The Assam Value Added Tax Act, 2003.
CHAPTER - IX : APPEAL AND REVISION

Body 80. Appeals to the Appellate Tribunal.

(1) Any person aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order,-

    (a) an order passed by the Appellate Authority under section 79; and

    (b) an order passed by an authority not below the rank of Deputy Commissioner of Taxes.

(3) Every appeal under sub-section (1) shall be filed within sixty days of the date on which the order is sought to be appealed against is communicated to the person:

Provided that the Appellate Tribunal may admit an appeal after the expiry of sixty days if he is satisfied that the Appellant had sufficient reasons for not filing the appeal within the aforesaid time, if, it is within a further period of one hundred twenty days.

(4) The Appellate Tribunal may, on an application made by the appellant, order stay of recovery of an amount under dispute subject to such terms and conditions as are deemed necessary.

(5) In deciding an appeal, the Appellate Tribunal shall make an order, after affording the dealer or other person and the concerned authority a reasonable opportunity of being heard,-

    (a) affirming, reducing, increasing, or varying the assessment or other order under appeal; or

    (b) remitting the assessment or other order under appeal for reconsideration by the Authority concerned with such directions as it may deem fit.

(6) The Appellate Tribunal shall serve the appellant and the concerned authority with the order in writing, of its decision in the appeal setting forth the reasons for such decision.

(7) The Appellate Tribunal shall hear and decide every appeal, as expeditiously as possible, and ordinarily within a period of one year from the end of the financial year in which such appeal is filed before it.

(8) The Appellate Tribunal may, on an application either by the appellant or by the respondent made within one year from the date of receipt of the order under this section, review any order passed by it on the basis of the facts which were not before it when the order was passed.