Revisional powers of Commissioner, Additional Commissioner, Joint Commissioner and Deputy Commissioner

Revisional powers of Commissioner, Additional Commissioner, Joint Commissioner and Deputy Commissioner.-

1. (1) The Commissioner may on his own motion call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by any officer who is not above the rank of the Joint Commissioner is erroneous in so far as it is prejudicial to the interest of the revenue, he may, if necessary, stay the operation of such order for such period as he deems fit and after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment or directing a fresh assessment.
2. (2) The Additional Commissioner, Joint Commissioner or the Deputy Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of the revenue, he may, if necessary, stay the operation of such order for such period as he deems fit and after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment or directing a fresh assessment: Provided that no order shall be passed under this sub-section increasing or modifying any assessment if the order has been made more than four years prior to the date on which the order is sought to be revised.
3. (3) Any person objecting to an order passed under sub-section
4. (1) or sub-section
5. (2) may appeal to the Appellate Tribunal within thirty days of the date on which the order is communicated to him.
6. (4) In relation to an appeal under sub-section (3), the Appellate Tribunal shall have the same powers as it has in relation to appeals filed under section 14.
7. (5) No order under this section shall be passed by the Commissioner, Additional Commissioner, Joint Commissioner or the Deputy Commissioner in respect of any issue if an appeal against the order of the subordinate officer is pending before the Appellate Tribunal.