(3) If, on an application made under sub- section (1), the Appellate Tribunal,--
(b) rejects it on the ground that it is time- barred; the applicant may, within three months from the date on which he is served with a notice of refusal or rejection, as the case may be,
apply to the High Court, and the High Court may, if it is not satisfied with the correctness of the decision of the Appellate Tribunal, require the Appellate Tribunal to state the case to the High Court, and on receipt of such requisition the Appellate Tribunal shall state the case: Provided that, if in any case where the Appellate Tribunal has been required by a person accountable to state a case the Appellate Tribunal refuses to do so on the ground that no question of law arises, the person accountable may, within thirty days from the date on which he receives notice of refusal to state the case, withdraw the application, and if he does so, the fee paid by him under sub- section (1) shall be refunded to him.