Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether, under section 19 of the Andhra Pradesh General Sales Tax Act, 1957, a person who is not a dealer can maintain an appeal against an order granting registration, and whether an appellate order passed at the instance of such person is without jurisdiction.
Analysis: Section 19 permits an appeal only by a dealer objecting to an order passed or proceeding recorded under the Act. The objector in this case was not a dealer. Since the right of appeal is a statutory right confined to the class expressly named in the provision, a non-dealer could not invoke it merely because he had raised an objection before the assessing authority. The appellate authority therefore had no authority to entertain the appeal or pass directions on it.
Conclusion: The appeal by the non-dealer was not maintainable, and the appellate order was jurisdiction and without authority of law.
Ratio Decidendi: A statutory right of appeal can be exercised only by the person expressly authorised by the provision, and an appeal filed by one outside that class is incompetent and cannot confer jurisdiction on the appellate authority.