Revision by Commissioner

(1) The Commissioner may call for and examine the record of any proceeding under this Act, and if he consider that any order passed therein by any person appointed under section 5 assist him, is erroneous in so far as it is prejudicial to the interest of the revenue, he may, after giving the dealer an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, pass such orders thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or canceling the assessment and directing a fresh assessment. (2) In the case of any order other than to which sub-section (1) applies, passed by any person appointed under section 5 to assist him, the Commissioner may, either of his own motion or on a petition by a dealer for revision, call for a record of any proceeding under this Act in which such order has been passed and may make such enquiry or cause such enquiry to be made, and subject to the provisions of this Act, may pass such orders thereon, not being an order prejudicial to the dealer, as he thinks fit. (3) In the case of a petition for revision under sub-section (2) by a dealer, the petition must be made within ninety days, from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier; Provided that the Commissioner before the petition is filed may admit it after the expiration of the period of ‘ninety days if he is satisfied that, for reasons beyond the control of the petitioner or for any other sufficient cause, it could not be filed within time. (4) The Commissioner shall not revise any order under this section in the following cases- (a) where an appeal against the order lies under section 19 or 21 but has not been made and the time within which such appeal may be made has not expired, or in the case of an appeal to the State Government the dealer has not waived his right of appeal; or (b) where the order is pending on appeal under section 19; or (c) where the order has been made the subject of an appeal to the State Government. Explanation:- An order by the Commissioner declining to interfere shall, for the purpose of this section, be deemed not to be an ]order prejudicial to the dealer.