CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology
Regarding disposal of an appeal filed before the Appellate Tribunal under section 57 of the IT Act, 2000, which statement is correct?
The Tribunal must deal with the appeal as expeditiously as possible and endeavour to dispose of it finally within six months from the date of receipt. It may confirm, modify or set aside the order, after hearing the parties.
- AThe Tribunal must dispose of it within thirty days, failing which the order appealed against stands set aside
- BThe Tribunal shall endeavour to dispose of the appeal finally within six months from the date of receipt of the appealCorrect
- CThe Tribunal has no power to modify the order and may only confirm or set it aside
- DThe Tribunal may pass orders without giving the parties an opportunity of being heard
Explanation
Section 57(6) requires the appeal to be dealt with as expeditiously as possible, with an endeavour to dispose of it finally within six months from receipt. Section 57(4) lets the Tribunal confirm, modify or set aside the order after hearing the parties, so options C and D are wrong. The six-month period is an endeavour, not a mandatory deadline with consequences.
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