250. Procedure
in appeal.
(1) The
Commissioner (Appeals) shall fix a day and place for the hearing of the appeal,
and shall give notice of the same to the appellant and to the Assessing Officer
against whose order the appeal is preferred.
(2) The
following shall have the right to be heard at the hearing of the appeal-
(a) the
appellant, either in person or by an authorised representative;
(b) the
Assessing Officer, either in person or by a representative.
(3) The
Commissioner (Appeals) shall have the power to adjourn the hearing of the
appeal from time to time.
(4) The
Commissioner (Appeals) may, before disposing of any appeal, make such further
inquiry as he thinks fit, or may direct the Assessing Officer to make further
inquiry and report the result of the same to the Commissioner (Appeals).
(5) The
Commissioner (Appeals) may, at the hearing of an appeal, allow the appellant to
go into any ground of appeal not specified in the grounds of appeal, if the
Commissioner (Appeals) is satisfied that the ommission of that ground from the
form of appeal was not wilful or unreasonable.
(6) The order
of the Commissioner (Appeals) disposing of the appeal shall be in writing and
shall state the points for determination, the decision thereon and the reason
for the decision.
(6A) In every
appeal, the Commissioner (Appeals), where it is possible, may hear and decide
such appeal within a period of one year from the end of the financial year in
which such appeal is filed before him under sub-section (1) of section 246A.
(7) On the
disposal of the appeal, the Commissioner (Appeals) shall communicate the order
passed by him to the assessee and to the Chief Commissioner or Commissioner.