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Central Board of Revenue
Azad Jammu and Kashmir

Sales Tax Appeals

APPEAL TO COLLECTOR APPEALS

An appeal can be filed with the Collector (appeals) against the order-in-original passed by the Additional Collector, Deputy Collector, Assistant Collector and Superintendent.

LIMITATION OF APPEAL

An appeal before the Collector (appeals), has to be filed within thirty days of the receipt of decision or order passed by the Additional Collector, Deputy Collector, Assistant Collector or Superintendent.

CONDONATION OF DELAY

An appeal preferred after the expiry of thirty days may be admitted by the Collector (appeals). If he is satisfied that the appellant has sufficient cause for not preferring the appeal within the specified period.

SETTLEMENT OF APPEAL

The Collector of Sales Tax (appeals) may, after giving both parties to the appeal an opportunity of being heard, pass such order as deemed fit, confirming, varying, altering, setting aside or annulling the decision or order appealed against.

APPEAL TO THE APPELLATE TRIBUNAL

An appeal can be filed against the order of the Collector (appeals) before the Appellate Tribunal.

LIMITATION AND COMPUTATION OF TIME

The limitation for preferring an appeal against any order or decision of an officer of Sales Tax under the Act is 60 days from the date of receipt of such order or decision. The day on which the order is passed and the period up to issue and receipt of the order is to be excluded in computing the period of limitation of 60 days.

CONDONATION OF DELAY

The Appellate Tribunal has been empowered to condone the delay in filing the appeal, if it is satisfied that the appellant had sufficient cause for not filing the appeal within time.

REFERENCE TO HIGH COURT

PERSONS LEGIBLE TO FILE REFERENCE TO THE HIGH COURT

The person aggrieved by the order of Appellate Tribunal may prefer an application to the High Court.

LIMITATION OF TIME

The reference has to be filed within ninety days of the communication of the order of the Appellate Tribunal.

ISSUES ON WHICH REFERENCE CAN BE FILED

Reference to the High Court can be filed if a question of law arises out of the Appellate Tribunal’s order, against which application is being preferred.

LEAVE TO APPEAL TO THE SUPREME COURT

Against the order of the High Court a leave to appeal can be sought from the Supreme Court of AJ&K.

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