Download Assam Vat FORM-75: Authority under Section 103 of the Assam Value Added Tax Act, 2003
As per Assam vat rule 55
Appearance before any authority in proceedings.
(1) Any person who is entitled or required to appear before any authority including the Appellate Tribunal in connection with any proceedings under this Act, otherwise than when required to appear personally for examination on oath or affirmation, may appear,—
(a) by his relative or a person regularly employed by him; or
(b) by a legal practitioner, Chartered Accountant or Cost Accountant who is not disqualified by or under subsection (2); or Central Act 45 of 1860 Central Act 49 of 1988
(c) by a sales tax practitioner who possesses the prescribed qualifications and is entered in the list which the Commissioner shall maintain in that behalf, and who is not disqualified by or under sub-section (2); only if such relative, person employed, legal practitioner, Chartered Accountant, Cost Accountant or sales tax practitioner is authorized by such person in the prescribed form, and such
authorization may include the authority to act on behalf of such person in such proceedings.
(2) The Commissioner may by an order in writing and for reasons to be recorded therein disqualify for such period as is stated in the order from appearing before any such authority, any legal practitioner, Chartered Accountant, Cost Accountant or sales tax practitioner,—
(i) who has been removed or dismissed from Government service; or
(ii) who being a sales tax practitioner, a legal practitioner, Cost Accountant or a Charted Accountant is found guilty of misconduct in connection with any proceedings under this Act by the Commissioner or by an authority, if any, empowered to take disciplinary action against the member of the profession to which he belongs.
(3) No order of disqualification shall be made in respect of any particular person unless he is given a reasonable opportunity of being heard.
(4) Any person against whom any order of disqualification is made under this section may, within one month of the date of communication of such order, appeal to the Appellate Tribunal to have the order cancelled or modified. The order of the Commissioner shall not take effect, until one month of the making thereof or, when an appeal is preferred, until the appeal is decided.
(5) The Commissioner may, at any time, suo-motu or on an application made to him in this behalf, revoke or modify any order made against a person under sub-section (2) and thereupon such person shall cease to be disqualified subject to such conditions or restrictions as may be contained in such order.
