|
Profile
Section 4 of the M.P. Commercial Tax Act, 1994 provides for the
constitution of M.P. Commercial Tax Appellate Board. It says that:-
1. Subject to such Rules as may
be made in this behalf, the State Government may by notification, with
effect from a date specified therein, constitute Appellate Board to
exercise the powers and perform the functions conferred on the Appellate
Board by or under this Act.
2.Till the date specified in the
notification the M.P. Board of Revenue shall act as Appellate Board for the
purpose of this act and on the date specified in the notification all
proceedings pending before the Board of Revenue. Madhya Pradesh acting as
Appellate Board shall stand transferred to the Appellate Board constituted
under this section.
3.Subject
to the previous approval of the State Government, the Appellate Board may,
from time to time, make regulations consistent with the provisions of the
act regulating the procedure and disposal of its business.
Under the Rule making powers, conferred by M.P.
Commercial tax Act, 1994 the State Government has framed the M.P.
Commercial tax Rules, 1995.
Rule 4 of these Rules states that:-
The Appellate Board shall consist of a Chairman
and three members, appointed by the State Government who has vast
experience of administration or taxation matters. the
Headquarters of the Appellate Board shall be at Bhopal.
In exercise of the powers conferred by M.P.
Commercial tax Act, 1994 and The M.P. Commercial tax Rules, 1995 as
mentioned above, the State Government vide its orders dated 10th Jan, 2003 has constituted the M.P. Commercial
Tax Appellate Board. State Government has appointed the following persons
as Chairman and members :-
|
1
|
Shri D. S. Mathur
|
Chairman
|
|
2
|
Shri N. P. Upadhyaya
|
Member
|
|
3
|
Shri Praveen Shah
|
Member
|
|
4
|
Shri RaJeev Saxena
|
Member
|
|
5
|
Shri A. K. Shukla
|
Member
|
The
Official Address of the Appellate Board is:-
M.P. Commercial Tax Appellate Board.
New N.V.D.A.
Building,
Plot No. 59, Jail Road,
Arera Hills, Bhopal.(M.P.)
The main objective of the creation of the
Appellate Board is the strong determination of the State Government to
provide a separate agency for the speedy disposal of taxation litigation.
The Appellate Board will perform its functions
under the following Acts,:-
1. M.P. Commercial Tax Act. 1994
2.Central Sales Tax Act, 1956
3. Entry Tax Act, 1976
4. M.P. Professional Tax Act, 1995
5. M.P. Luxury Tax Act, 1988
The tenure of the Chairman and members shall be
five years or till the attainment of the age of 65 years whichever is
earlier in the case of Chairman and 62 years in the case of members.
6. Before the constitution of the Appellate
Board the M.P. Board of Revenue, Gwalior was
performing the task of the Appellate Board, now after coming into existence
of the Appellate Board 2533 cases of appeal, references etc. pending before the
Board of Revenue, Madhya Pradesh have been transferred to the appellate
Board and 7542
new cases have been registered since 2003 to May 2009
Note : * Appellate Board
substituted in place of tribunal vide; MP government Commercial Tax
Department Notification No. A-5-5-2003-ST(XXI)
Dated 2nd December,2004. Which is published in MP Gazette(Extra Ordinary)
|