(1) In disposing of an appeal, the 1 *** Commissioner (Appeals) shall have the following powers
(a) in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment2 ***; 3 (aa) in an appeal against the order of assessment in respect of which the proceeding before the Settlement Commission abates under section 245HA, he may, after taking into consideration all the material and other information produced by the assessee before, or the results of the inquiry held or evidence recorded by, the Settlement Commission, in the course of the proceeding before it and such other material as may be brought on his record, confirm, reduce, enhance or annul the assessment;
(b) in an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it so as either to enhance or to reduce the penalty;
(c) in any other case, he may pass such orders in the appeal as he thinks fit.
(2) The 1 *** Commissioner (Appeals) shall not enhance an assessment or a penalty or reduce the amount of refund unless the appellant has had a reasonable opportunity of showing cause against such enhancement or reduction.
Explanation. In disposing of an appeal, the 1 *** Commissioner (Appeals) may
consider and decide any matter arising out of the proceedings in which the order
appealed against was passed, notwithstanding that such matter was not raised
before the 1 *** Commissioner (Appeals) by the appellant.
--------------------
1. The words and brackets Deputy Commissioner (Appeals) or, as the case may be, the omitted by Act 21 of 1998, s. 65 (w.e.f. 1-10-1998). Earlier Deputy Commissioner (Appeals) was substituted for Appellate Assistant Commissioner by Act 4 of 1988, s. 2 (w.e.f. 1-4-198) and the words and brackets or, as the case may be, the Commissioner (Appeals) were inserted by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
2. The certain words omitted by Act 14 of 2001, s. 83 (w.e.f. 1-6-2001).
3. Ins. by Act 18 of 2008, s. 49 (w.e.f. 1-4-2008).
Section 251 Powers of the Commissioner (Appeals)
Section 252 Appellate Tribunal
Section 252A Qualifications, terms and conditions of service of President, Vice-President and Member
Section 253 Appeals to the Appellate Tribunal
Section 254 Orders of Appellate Tribunal
Section 255 Procedure of Appellate Tribunal
Section 256 Statement of case to the High Court
Section 257 Statement of case to Supreme Court in certain cases
Section 258 Power of High Court or Supreme Court to require statement to be amended
Section 259 Case before High Court to be heard by not less than two judges
Section 260 Decision of High Court or Supreme Court on the case stated