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23 : Appearance before taxing authorities M.P. ACT

23 : Appearance before taxing authorities

(1) Any dealer who is entitled or required to attend or appear before any officer appointed

under Section 3 in connection with any proceedings under this Act, otherwise than when

required under Section 43 to attend personally for examination on oath or affirmation,

may authorise in writing to attend or appear on his behalf, a person being a relative of or

a person regularly employed by the dealer, or a legal practitioner or a chartered

accountant or a tax practitioner.

(2) For the purpose of sub-section (1) any person who -

(a) before coming into force of this Act, had been enrolled

as a Sales Tax Practitioner/Tax Practitioner, or

(b) holds a degree in law or commerce or the degree of Bachelor of Arts with economics

as one of his subjects conferred by any Indian university incorporated by any law for

the time being in force or by any other university as the State Government may, from

time to time by notification, specify; or

post, in the Commercial Tax Department, not below the rank of an Assistant Sales

Tax Officer / Assistant Commercial Tax Officer for at least ten years and is granted a

certificate by the Commissioner having regard to his record of service in the

department as being a fit and proper person to appear in any proceeding under this

Act,

shall be entitled to appear as a Tax Practitioner.

(3) Every person referred to in clause (b) or clause (c) of sub-section (2) who is eligible to

appear as a tax practitioner in any proceedings under this Act shall get himself enrolled on

payment of such fee as may be prescribed.

(4) If the Commissioner is satisfied that the application for enrollment is in order, he shall

issue to the applicant an enrollment certificate in the prescribed form. If the Commissioner,

after making such enquiry as he deems fit, and after giving the applicant a reasonable

opportunity of being heard is not so satisfied, he shall, for reasons to be recorded in writing,

reject the application.

(5) Notwithstanding anything contained in sub-sections (1) and (2) no person who has held

any post in the Commercial Tax Department not below the rank of a Commercial Tax

Inspector shall be entitled to represent any dealer in any proceeding under this Act :-

(i) if he has at any time, passed any order in such proceeding, while he was holding

any post in the department;

(ii) if the place of business of the dealer whom he desires to represent is in the

district or circle within the territorial jurisdiction of which the head quarter of the office

of the Commercial Tax department in which he had held such post was located,

unless a period of two years has elapsed since he ceased to hold that post :

Provided that nothing in clause (ii) shall apply to such person if the representation is

to be made before an officer holding a rank higher than the rank last held by such

person.

(6) No person who has been dismissed from Government service shall be qualified to

represent any dealer under sub-section (1).

(7) If any tax practitioner is found guilty of misconduct by the Commissioner in connection

with any proceeding under this Act or the Central Sales Tax Act, 1956 (No.74 of 1956) or the

Act repealed by this Act, the Commissioner may pass any order for awarding him

punishment including disqualification from appearing as a tax practitioner in any proceeding

under the aforesaid Acts, as he deems fit:

Provided that no such order shall be passed unless he is given a reasonable

opportunity of being heard.

(8) Any tax practitioner whose application for enrollment is rejected under sub-section (4) or

who is disqualified under sub-section (7) may within sixty days of the direction relating

thereto, appeal to the Appellate board .

(9) If any Advocate or Chartered Accountant is found guilty of misconduct in connection with

any proceeding under this Act or the Act repealed by this Act, the commissioner shall refer

the matter to the authority empowered to take disciplinary action against the persons of

these professions for taking appropriate action.

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GST India Solution is an effort of firm of professionals who welcome implementation of GST. This is an interactiveplatformthat aspires to disseminate right knowledge to professionals, practitioners and public at large. This platform has beenfloatedbya firm of Chartered Accountants relentlessly working in field of direct and indirect taxes since early 1985.

Goods & Service Tax

Our core competence is statutory compliance, advisory, corporate tax planning and appellate matters of direct and indirect taxesandcorporate training sessions on GST.

The senior partner of the firm has to his credit several professional publications viz., Delhi Sales Tax Right to Use Goods Act, Delhi VAT, Maharashtra VAT, West Bengal VAT, Haryana VAT published by Taxmann. Madhya Pradesh VAT and Chhattisgarh VAT were published by Suvidha Law House, Bhopal. He has also addressed seminars on indirect taxes organized by professional bodies like ICAI, IMA, NIFM etc. and has also contributed articles on subjects of pro. . . . .