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

Rohan Mehta receives on 10 March a copy of an adjudicating officer's order against him under the IT Act. Within what period should he ordinarily file an appeal before the Appellate Tribunal?

He should file within forty-five days from the date he receives the copy of the order. Section 57(3) fixes this period, counted from receipt rather than the date of the order, though the Tribunal may entertain a late appeal if sufficient cause is shown.

  1. AThirty days from the date of receipt of the copy
  2. BForty-five days from the date of receipt of the copyCorrect
  3. CSixty days from the date of the order
  4. DNinety days from the date of receipt of the copy

Explanation

Section 57(3) requires an appeal to be filed within forty-five days from the date the aggrieved person receives a copy of the order. The period runs from receipt, not from the date of the order, so sixty days from the order is wrong. A delay may be condoned only for sufficient cause.

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