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Questions and Answers
What is the hierarchical level requirement for a state government appointee to handle appeals against Authority orders under section 124G?
What is the hierarchical level requirement for a state government appointee to handle appeals against Authority orders under section 124G?
- Deputy Secretary to the Government (correct)
- Under Secretary to the Government
- Assistant Secretary to the Government
- Joint Secretary to the Government
In the context of an appeal against an order passed by the Authority, what actions can the State Government or appointed officer take after providing a reasonable opportunity to be heard?
In the context of an appeal against an order passed by the Authority, what actions can the State Government or appointed officer take after providing a reasonable opportunity to be heard?
- Only confirm or reduce the assessment.
- Only enhance or annul the assessment.
- Order imprisonment of the appellant.
- Confirm, reduce, enhance, or annul the assessment. (correct)
Under what circumstances can the Authority be directed to conduct a fresh assessment after an appeal?
Under what circumstances can the Authority be directed to conduct a fresh assessment after an appeal?
- Only if new evidence is presented by the appellant.
- If the assessment is annulled or set aside in an appeal. (correct)
- Whenever the State Government deems it necessary.
- If the original assessment was unusually high.
What is the legal standing of an order passed in appeal under section 124G?
What is the legal standing of an order passed in appeal under section 124G?
A person is unsatisfied with an order from the Authority. According to Section 124G, to whom can they initially appeal?
A person is unsatisfied with an order from the Authority. According to Section 124G, to whom can they initially appeal?
If an assessment is set aside during an appeal, what further action can the appellate authority direct?
If an assessment is set aside during an appeal, what further action can the appellate authority direct?
An appellant feels their assessment should be lower. After presenting their case, what outcomes are possible regarding the assessment amount, according to Section 124G?
An appellant feels their assessment should be lower. After presenting their case, what outcomes are possible regarding the assessment amount, according to Section 124G?
What condition must be met before the State Government or appointed officer alters an assessment order during an appeal process?
What condition must be met before the State Government or appointed officer alters an assessment order during an appeal process?
After losing an appeal under Section 124G, can an individual file a separate lawsuit to challenge the appeal order?
After losing an appeal under Section 124G, can an individual file a separate lawsuit to challenge the appeal order?
What specific requirement is mentioned regarding the manner and fees associated with filing an appeal under Section 124G?
What specific requirement is mentioned regarding the manner and fees associated with filing an appeal under Section 124G?
Flashcards
Who can appeal an order under section 124G?
Who can appeal an order under section 124G?
A person disagreeing with an order by the Authority under section 124E can appeal to the State Government or an appointed officer.
What actions can be taken during an appeal?
What actions can be taken during an appeal?
The State Government or appointed officer can confirm, reduce, enhance, or annul the assessment after a hearing.
What happens if an assessment is annulled?
What happens if an assessment is annulled?
If an assessment is annulled, a fresh assessment can be ordered with further inquiry.
Finality of appeal orders
Finality of appeal orders
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Study Notes
- Individuals dissatisfied with an order from the Authority under section 124E can appeal to the State Government or an officer appointed by them.
- The appointed officer must be at least a Deputy Secretary to the Government.
- Appeals should follow the prescribed manner and include the necessary fees.
- The State Government, or the appointed officer, will provide the appellant and the Authority a fair opportunity to be heard.
- Following the hearing, the assessment may be confirmed, reduced, enhanced, or annulled.
- If an assessment is annulled or set aside, the State Government or deciding officer can instruct the Authority to conduct a new assessment, after further investigation.
- Orders made in appeal under this section are final and cannot be challenged in any lawsuit or other legal proceedings.
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