FORM 37

(See rule 58 of the Bombay Sales Tax Rules, 1959)

(Space for Court fee Stamps)
1 Appeal against an order of [assessment, Penalty or fine] under section 55 of the Bombay Sales Tax Act, 1959.

(State here the amount of Court Fee stamps affixed). To The ___________________________________________________________ ____________________________________________________________________ Date of order against which the appeal is made ________________________ Date of receipt of the order ___________________________________________ Name and designation of the officer who passed the order _______________ __________________________________________________________________________ Period of assessment from ____________________ to _____________________ The appeal petition of _______________________ who is _____________ of _______________________________ carrying on the business known as __________________ holding Registration Certificate No. __________ dated ____________ Licence No. _______ dated ___________ and/or Authorization No. _________ dated ____________ and/or Recognition No. ________ dated ______________ and/or Permit No. _________ dated ___________ under the Bombay Sales Tax Act, 1959, whose only/chief place of business in the district of _________________ is situated at _____________, Post Office __________, Taluka __________ residing at __________ showeth as follows: 1. During the period from _____________ to ________________ the appellant has been assessed/re-assessed under the Bombay Sales Act, 1959 to tax as shown in column 2 of the table below but the appellants turnover of sales/Purchases liable to tax is as shown in column 3 of the table below:-

1.

These words were substituted for the words assessment or penalty by G.N., dated 26-5-77, w.e.f. 1-7-1977.

As assessed Kinds of tax leviable or 1 [penaltyo r fine imposed Net turnover Tax assessed of sales or 1 [penalty or purchases fine imposed subjected to tax (Please see Note 1)

As admitted by the appellant Net turn o ver of sales on purchases which accor di n g t ot h e appellant are liable to tax (a) 3 Tax leviable or penalty leviable 2 [or fine leviable) Amount in d ipute s 2(b) , 3(b) please see note 2).

(a) 1
3

(b) 2

(b) 4

1. [1A. 2. 3. 4.

Sales Tax Turnover Tax General Sales Tax Retail Sales Tax Purchase Tax

[4A. Additional Tax] 5. Penalty u/s 36(1) 6. Penalty u/s 36(2)(a) 7. Penalty u/s 36(2)(b) 8. Penalty u/s 36(2)(c) 5 [ 9 . Penalty u/s 36(2A) 10. Penalty u/s 36(2B) 6 [ 1 1 .Interest] u/s 36(3) 12. Penalty u/s 36(4) 7 [12A. Penalty u/s 36(4a)] 13. Amount forfeited 14. Penalty u/s 37 15. Fine u/s 53(3)

Total
1. 2. 3. 4. 5. 6. 7. These words were added by G.N. dated 26-5-1977 w.e.f. 1-7-1977. These words were substituted for the words "Penalty imposed" by G.N. dated 26-5-1977 w.e.f. 1-7-1977. These words were inserted by GNFD No.STR/1086/CR-67/RES-7 dated 18-8-1986. Added by G.N. dated 10-12-1975. These words, brackets and figures were substituted by G.N. dated 26-5-1977 w.e.f. 1-7-1977. This word was substituted for the word "Penalty" by STR 1087/CR-88/Taxation-1 dated 18-8-1987. Inserted by G.N. dated 26-5-1981 w.e.f. 1-7-1981.

The turnover of sales and the turnover of purchases as shown in column 3 of table above was the whole turnover of the appellant during the period. The appellant had no other turnover either subject to tax or otherwise during the said period. 2. The notice of demand is attached hereto. 3. A certified copy of the order appealed against is attached. 4. The appellant has paid the tax assessed including any amount for1 feited and [penalty or fine imposed] under the order appealed against as shown below: Paid before assessment Paid after assessment Paid after first appeal, if any Rs. _________________ Rs. _________________ Rs. _________________

Balance due, if any, at the time of filing first/second appeal Rs. ________ chalan No. _____________ dated ___________ Amount _____________ 1. 2. 3. 5. The appellants first appeal against the order passed by _________ has been rejected/dismissed/partly allowed by _________________ 6. The appellant has made returns of the tax payable by him to the office of _______________ under section 32 of the said Act and has complied with all the terms of the notice served on him by the _______________ under section 33 of the said Act. 7. (Enter here the grounds relied on for the purpose of this appeal :-) 8. The appellant, therefore, prays that he may be assessed accordingly or that he may be declared not to be chargeable under the said Act or that the assessment may be cancelled and/ or remanded to ________ for re-assessment or 3 [levying interest of ________that the order (s) of the ______________ Rs. ________ under section 36(3) on imposing a penalty of] Rs. ___________ under section _______ and of Rs. __________ under Section _________ upon your petitioner or that the order of the ____________ forfeiting Rs. _______ under section ___________ imposing a fine of Rs. ________ under section _________ may be set aside).
N o t e Strike : out whichever is not required.
1. 2. These words were substituted for the words penalty imposed by G.N. dated 26-51977, w.e.f. 1-7-1977. These words were substituted for the words imposing a penalty of by STR.1087/ CR-88/Taxation-1 dt. 18-8-1987.

The appellant ______________ named above, does hereby declare that what is stated herein is true to the best of his knowledge and belief. Dated the _______________ day of ____________ Signature ________________ (To be signed by the appellant or by an agent duly authorised in writing in this behalf of the appellant) Note: (1) If this is an account appeal against an order in appeal the figures in column 2 of table below paragraph 1 should be, the figure, if any, as arrived at by the first appellate authority. (2) The amount in dispute means the difference between the 1 amount of tax or penalty [or interest] if any of sum forfeited, demanded and the amount admitted by the dealer to be payable.

1. 2.

These words were inserted by STR.1087/CR-88/Taxation-1, dt. 18-8-1987. Form 38 was deleted w.e.f. 1.9.1990 by GN.STR-1090/165/Taxation-1 Dt. 31.8.1990.