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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

Ravi Traders is aggrieved by an order of an adjudicating officer under the IT Act, 2000. It receives a copy of the order on 1 March. Within what period must it ordinarily file an appeal before the Appellate Tribunal?

The appeal must ordinarily be filed within forty-five days from the date on which the aggrieved person receives a copy of the order of the Controller or adjudicating officer. The period runs from receipt of the copy, not from the date of the order.

  1. AThirty days from the date the order was made
  2. BForty-five days from the date the copy of the order is receivedCorrect
  3. CSixty days from the date the order was made
  4. DNinety days from the date the copy of the order is received

Explanation

Section 57(3) requires an appeal to be filed within forty-five days from the date the copy of the order is received by the aggrieved person. The period runs from receipt, not from the date the order was made, so options A and C use the wrong starting point and period.

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