73[Appeal to High Court.
27A. (1) The assessee or the Chief Commissioner or
Commissioner may, within one hundred and twenty days of the day upon which he
is served with notice of an order under section 24 or section 26 or clause (e)
of sub-section (1) of section 35, file on or after the 1st day of October, 1998
73a[but before the date of
establishment of the National Tax Tribunal], an appeal before the
High Court.
(2) An appeal shall lie to the High Court 73a[before the date of
establishment of the National Tax Tribunal] from every order passed
in appeal by the Appellate Tribunal, under sub-section (1) of section 24 only
if the High Court is satisfied that the case involves a substantial question of
law.
(3) In an appeal under this section, the Memorandum of Appeal shall
precisely state the substantial question of law involved in the appeal 74[***].
(4) Where the High Court is satisfied that a substantial question of law
is involved in any case, it shall formulate that question.
(5) The appeal shall be heard only on the question so formulated and the
respondent shall, at the time of hearing of the appeal, be allowed to argue
that the case does not involve such question :
Provided that nothing in this sub-section shall be
deemed to take away or abridge the power of the Court to hear, for reasons to
be recorded, the appeal on any other substantial question of law not formulated
by it, if it is satisfied that the case involves such question.
(6) The High Court shall decide the question of law so formulated and
deliver such judgment thereon containing the grounds on which such decision is
founded and may award such cost as it deems fit.
(7) The Assessing Officer shall give effect to the order of the High
Court on the basis of a certified copy of judgment delivered under sub-section
(6).]
75[(8) The provisions of the Code of Civil Procedure, 1908 (5 of 1908)
relating to appeals to High Court shall, so far as may be, apply in the case of
appeals under this section.]
