63. Appeal to the Appellate Tribunal from the order of the Appellate Controller.
Any person accountable objecting to any order passed by an Appellate controller under section 62, may appeal to the Appellate Tribunal within sixty days of the date on which he is served with notice of such order.
The Controller may, if he is not satisfied as to the correctness of any order passed by the Appellate Controller under section 62, appeal to the Appellate Tribunal against such order and such appeal may be made at any time before the expiry of sixty days of the date on which the order is communicated to the Controller.
The Tribunal may admit an appeal after the expiry of the sixty days referred to in sub- sections (1) and (2) if it is satisfied that there was sufficient cause for not presenting it within that period.
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 rupees one hundred.
The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the estate duty payable or penalty: Provided that no order enhancing the estate duty payable or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement.
Where the appellant objects to the valuation of any property, the Appellate Tribunal may, and if the appellant so requires, shall, refer the question of disputed value to the arbitration of two valuers, one of whom shall be nominated by the appellant and the other by the respondent, and the Tribunal shall, so far as that question is concerned pass its orders under sub- section (5) conformably to the decision of the valuers: Provided that if there is a difference of opinion between the two valuers, the matter shall be referred to a third valuer nominated by agreement, or failing agreement, by the Appellate Tribunal, and the decision of that valuer on the question of valuation shall be final.
The costs of any arbitration proceeding under sub- section (6) shall be borne by the Central Government or the person accountable,
as the case may be, at whose instance the question was referred to the valuers: Provided that where the person accountable has been wholly or partially successful in any reference made at his instance, the extent to which the costs shall be borne by him shall be at the discretion of the Appellate Tribunal.
The valuers may, in disposing of any matter referred to them for arbitration under sub- section (6), hold or cause to be held such inquiry as they think fit, and after giving the appellant and the respondent an opportunity of being heard, pass such orders thereon as they think fit and shall send a copy of such orders to the Appellate Tribunal.
A copy of every order passed by the Appellate Tribunal under this section shall be forwarded to the person accountable and to the Controller.
Save as provided in section 64 any order passed by the Appellate Tribunal on appeal shall be final.
The provisions of sub- sections (5), (7) and (8) of section 5A of the Indian Income- tax Act, 1922 , (11 of 1922 ) shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under that Act.