Section 16Appeals to Appellate Assistant Commissioner of Income-tax

s. 16

16. Appeals to Appellate Assistant Commissioner of Income-tax (1) Any person objecting to the amount of business profits tax for which he is liable as assessed by the Income-tax Officer or denying his liability to be assessed under this Act, or objecting to any penalty imposed by the Income-tax Officer, or to the amount of any deficiency of profits as assessed by the Income-tax Officer, or to the amount allowed by the Income-tax Officer by way of relief under any provision of this Act or to any refusal by the Income-tax Officer to grant re-relief, may appeal to the Appellate Assistant Commissioner of Income-tax. Provided that no appeal under this section shall be filed in any case in which the total income of an assessee as determined under the Income-tax Act, 1922 for the corresponding period exceeds two lakh Taka. (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 thirty 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 of Income-tax 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 of Income-tax shall determine the appeal after giving both parties to the appeal an opportunity of being heard. If the Appellate Assistant Commissioner of Income-tax is not satisfied that the assessment or order which is the subject of appeal ought to be interfered with, he shall reject the appeal and the assessment or order shall stand good. If he is satisfied that the assessment 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 an order enhancing the assessment or penalty: Provided that an order enhancing an assessment or penalty shall not be made unless the person affected thereby has been given an opportunity of showing cause against the enhancement. (5) The procedure to be adopted in the hearing and determination of appeals shall be in accordance with the rules made by the National Board of Revenue in relation to income-tax.