Section

 134. Appeal to the Appellate Tribunal.-

(1)   An assessee objecting to an order passed by an Appellate Additional Commissioner under section 111 or 132, or sub-section (2) of section 148, or an order made by the Appellate Additional Commissioner under section 156, having the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the assessee or an order made by an Inspecting Additional Commissioner under section 66A may appeal to the Appellate Tribunal against such order.

(2)   The Commissioner may, if he objects to any order passed by an Appellate Additional Commissioner under section 132 direct the Deputy Commissioner to appeal to the Appellate Tribunal against such order.

(3)   Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the impugned order is communicated to the assessee or the Commissioner, as the case may be.

(4)   The Appellate Tribunal may admit an appeal after the expiration of the period specified in sub-section (3) if it is satisfied that the appellant was prevented by sufficient cause from presenting it within that period.

(5)   An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner, and shall, except in the case of an appeal under sub-section (2), be accompanied by a fee of two thousand five hundred rupees or ten percent of the tax levied, whichever is less, provided that where no tax is levied, a fee of two thousand rupees in the case of companies and five hundred rupees in the case of other assessees shall be paid.

(6)   Notwithstanding that an appeal has been filed under this section, tax shall, unless recovery thereof has been stayed by the Appellate Tribunal, be payable in accordance with the assessment made in the case :

Provided that where recovery of tax has been stayed by the Appellate Tribunal by an order, such order shall cease to have effect on the expiration of a period of three months following the day on which it is made, unless the appeal is decided, or such order is withdrawn, by the Appellate Tribunal earlier;

Provided further that the Appellate Tribunal shall not make an order which has the effect of staying the recovery of tax beyond the period of six months in the aggregate.