(1) Any person objecting to an order affecting him passed under section 37 or section 59A may, within a period of ninety days from the date on which a copy of the order was served on him in the manner prescribed, appeal against such order to the High Court:

Provided that the High Court may admit an appeal preferred after the period of ninety days aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.

(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of two hundred and fifty rupees.

(3) In disposing of an appeal, the High Court may, after giving the parties a reasonable opportunity being heard either in person or by a representative.

(a) in the case of an order of assessment or penalty;

(i) confirm, reduced, enhance or annual the assessment or penalty or both;

(ii) set aside the assessment and direct that a fresh assessment may be made after such further enquiry as may be directed; or

(iii) pass such other orders as it may think fit; or

(b) in the case of any other order, confirm, cancel or vary such order.

(4) Where as a result of the appeal any charge becomes necessary in the order appealed against, the High Court may authorize the Commissioner of State Tax to amend such order accordingly and, on such amendment being made, any amount over-paid by the appellant shall be refunded to him or the further amount of tax, if any, due from him, shall be collected in accordance with the provisions of this Act, as the case may be.

(5) Every order passed in appeal under this Section shall be final.

(6) Notwithstanding that an appeal has been preferred under Sub-section (1), the tax shall be paid in accordance with the order of assessment against which the appeal has been preferred:

Provided that the High Court may, in its discretion, give such directions as it thinks fit in regard to the payment of the tax before the disposal of the appeal, if the appellant furnishes sufficient security to its satisfaction in such form and such manner as may be prescribed.

(7)(a) The High Court may, on the application of the appellant or the Commissioner of State Tax review any order passed by it under Sub-section (3) on the basis of the discovery of new and important facts which after the exercise of due diligence were not within the knowledge of the appellant or the Commissioner of State Tax or could not be produced by him or it, when the order was made.

(b) The application for review shall be preferred in the prescribed manner and within one year from the date on which a copy of the order to which the application relates was served on the applicant in the manner prescribed and shall, where it is preferred by any person other than the Commissioner of State Tax, be accompanied by a fee of two hundred and fifty rupees.

(8) The cost of an appeal under Sub-section (1) or of a review under Sub-section (7) shall be in the discretion of the High Court.