Chapter V RETURNS AND ASSESSMENT, ETC.

21. [Deleted] (Deleted)

Audit.—(1) The Commissioner may, by order, select any dealer or person,—

1. (a) for the evaluation of the audit of the returns on the basis of the audit report submitted by the dealer or person under section 61;
2. (b) or for the audit of the returns submitted by such dealer or person.

1. (2) The Commissioner shall, after service of the order, conduct the audit of the returns and financial statements of such dealer or person in the manner and within the time as may be prescribed.

Rectification of mistakes.—(1) The Commissioner may, by order in writing, amend any order passed by him or by any person appointed by him to assist him, for the purpose of rectifying any mistake apparent from the record: Provided that, no such amendment shall be made if it is likely to affect the tax liability of the dealer, adversely, unless the Commissioner has given not less than thirty days notice to the dealer, of his intention to do so and has given the dealer a reasonable opportunity of being heard.

1. (2) An amendment, which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the dealer, shall not be made under this section after the expiry of two years from the end of the year in which the order sought to be amended was passed.
2. (3) Notwithstanding anything contained in sub-section (2), an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the dealer, may be made at any time within such further period as the Commissioner may allow, if the amendment is made consequent to an order passed by the Tribunal or High Court or Supreme Court.
3. (4) Where any such amendment has the effect of reducing the assessment, the Commissioner shall refund any amount due to the dealer.
4. (5) Where any such amendment has the effect of enhancing the assessment or reducing a refund, the Commissioner shall recover the amount due from the dealer in the manner provided in section 32.

Review.—(1) The Commissioner may, on his own motion, call for the record of the proceedings in which an order was passed by any person appointed to assist him, and if he considers that any order passed therein is erroneous in so far as it is prejudicial to the interests of revenue, he may, after giving the dealer 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 and directing a fresh assessment.

1. (2) No order shall be made under sub-section
2. (1) after the expiry of a period of three years from the end of the year in which the order sought to be reviewed was passed.

(Deleted)

Audit.—(1) The Commissioner may, by order, select any dealer or person,— (a) for the evaluation of the audit of the returns on the basis of the audit report submitted by the dealer or person under section 61; (b) or for the audit of the returns submitted by such dealer or person. (2) The Commissioner shall, after service of the order, conduct the audit of the returns and financial statements of such dealer or person in the manner and within the time as may be prescribed.

Speedy disposal of various proceedings.—The Commissioner may, for reasons to be recorded in writing, direct that any particular proceeding or class of proceedings, or any appeal or class of appeals pending before any appellate authority shall be disposed of within such time as may be specified in the direction.

Rectification of mistakes.—(1) The Commissioner may, by order in writing, amend any order passed by him or by any person appointed by him to assist him, for the purpose of rectifying any mistake apparent from the record: Provided that, no such amendment shall be made if it is likely to affect the tax liability of the dealer, adversely, unless the Commissioner has given not less than thirty days notice to the dealer, of his intention to do so and has given the dealer a reasonable opportunity of being heard. (2) An amendment, which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the dealer, shall not be made under this section after the expiry of two years from the end of the year in which the order sought to be amended was passed. (3) Notwithstanding anything contained in sub-section (2), an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the dealer, may be made at any time within such further period as the Commissioner may allow, if the amendment is made consequent to an order passed by the Tribunal or High Court or Supreme Court. (4) Where any such amendment has the effect of reducing the assessment, the Commissioner shall refund any amount due to the dealer. (5) Where any such amendment has the effect of enhancing the assessment or reducing a refund, the Commissioner shall recover the amount due from the dealer in the manner provided in section 32.

Review.—(1) The Commissioner may, on his own motion, call for the record of the proceedings in which an order was passed by any person appointed to assist him, and if he considers that any order passed therein is erroneous in so far as it is prejudicial to the interests of revenue, he may, after giving the dealer 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 and directing a fresh assessment. (2) No order shall be made under sub-section (1) after the expiry of a period of three years from the end of the year in which the order sought to be reviewed was passed.