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59. Appeal to the High Court (1)Any person objecting to an order passed by the 1 {Additional} Commissioner under section 55 may, within a period of ninety days from the date on which the order was served on him, appeal against such order to the High Court. (2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner. (3) In disposing of an appeal, the High Court may, after giving the appellant a reasonable opportunity of being heard,-- (a) in the case of an order of assessment-- (i) confirm, reduce, enhance or annul the assessment or penalty or both; or (ii) set aside the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed; or (iii) pass such order as it may think fit; or (b) in the case of any other order, confirm, cancel or vary such order: Provided that at the hearing of any appeal, the assessing authority shall have the right to be heard either in person or by a representative. (4) Every order passed in appeal under this section shall be final. (5) 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 in such manner as may be prescribed. (6) (a) The appellant or respondent may apply for review of any order passed by the High Court 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 his knowledge or could not be produced by him when the order was made. (b) The application for review shall be preferred within such time, and in such manner as may be prescribed, and shall, where it is preferred by the assessee, be accompanied by such fee as may be prescribed |