The Gift-Tax Act, 1958
26. Reference to High Court or Supreme
Court.
- The assessee or the
Commissioner may, within sixty days of the date upon which he is served with
notice of an order under section 23 or section 25, by application in the
prescribed form, accompanied, where the application is made by the assessee, by
4[a fee of one hundred and twenty-five rupees] require the Appellate Tribunal
to refer to the High Court any question of law arising out of such order and,
subject to the other provisions contained in this section, the Appellate
tribunal shall, within one hundred and twenty days of the receipt of such
application, draw up a statement of the case and refer it to the High Court.
- The Appellate Tribunal may, if it is
satisfied that the applicant was prevented by sufficient cause from presenting
the application within the period specified in sub-section (1), allow it to be
presented within a further period not exceeding thirty days.]
- If, on an application made under sub-section (1), the Appel-late
Tribunal,
- refuses to state a case on the ground
that no question of law arises, or
- rejects it on the ground that it is
time-barred, the applicant may, within ninety days from the date on which he
is served with a notice of refusal or rejection, as the case may be, apply
to the High Court, and the High Court may, if it is not satisfied with the
correctness of the decision of the Appellate Tribunal, require the Appellate
Tribunal to state the case to the @High Court, and on receipt of such
requisition the Appellate Tribunal shall state the case:
- Subs, by Act 53 of 1962, s. 20, for sub-section (1) (w.e.f.1-4-1963).
- Subs. by Act 42 of 1970, s. 68, for certain words (w.e.f. 1-4-1971).
- Subs. by Act 53 of 1962, s. 21, for sub-sections (1) and (2)(w.e.f. 1-4-1963).
- Subs. by Act. 42 of 1970, s. 69, for certain words (w.e.f.1-4-1971).
- Subs. by Act 45 of 1972, S.23 (w.e.f. 1-1-1973).
- Subs. by Act 41 of 1975, s. 117 (w.e.f. 1-4-1976).
Provided that, if in any case where the Appellate Tribunal has been required by
an assessee to state a case the Appellate Tribunal refuses to do so on the
ground that no question of law arises, the assessee may, within thirty days
from the date on which he receives notice of refusal to state the case,
withdraw his application, and if he does so, the fee paid by him under
sub-section (1) shall be refunded to him.
(3a)
1[(3A) If, on an
application made under this section, the Appellate Tribunal is of the opinion
that on account of a conflict. in the decisions of High Courts in respect of any
particular question of. law, it is expedient that a reference should be made
direct to the Supreme Court, the Appellate Tribunal may draw up a statement of
the case and refer it through its President direct to the Supreme Court.]
- The statement to the High Court 1[or the Supreme Court]
shall set forth the facts, the determination of the Appellate Tribunal and the
question of law which arises out of the case.
- If the High Court 1[or the
Supreme Court] is not satisfied that the case as stated is sufficient to
enable it to determine the question of law raised thereby, it may require the
Appellate Tribunal to make such modification therein as it may direct.
- The High Court 1[or the Supreme Court], upon hearing any such case, shall
decide the question of law raised therein, and in doing so, may, if it thinks
fit, alter the form of the question of law and shall deliver judgment thereon
containing the grounds on which such decision is founded and shall send a copy
of the judgement under the seal of the Court and the signature of the Registrar
to the
Appellate Tribunal and the Appellate Tribunal shall pass such orders as are
necessary to dispose of the case conformably to such judgment.
- The cost of any reference to
the High Court or the
Supreme Court which shall not include the fee for making the reference shall
be in the discretion of the Court.
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