(1) The Commissioner may, either on his own motion or on application made by an assessee in this behalf, call for the record of any proceeding under this Act in which an order has been passed by any authority subordinate to him, and may make such inquiry, or cause such inquiry to be made, and subject to the provisions of this Act, pass such order thereon, not being an order prejudicial to the assessee, as the Commissioner thinks fit :

Provided that the Commissioner shall not revise any order under this sub-section in any case—

(a) where an appeal against the order lies to the ¹ Deputy Commissioner (Appeals) ² or to the Commissioner (Appeals) or to the Appellate Tribunal and the time within which such appeal can be made has not expired or, ³ in the case of an appeal to the Commissioner (Appeals) or to the Appellate Appellate Tribunal, the assessee has not waived his right of appeal;

(b) where the order is pending in appeal before the ¹ Deputy Commissioner (Appeals) or has been the subject of an appeal ² to the Commissioner (Appeals) or to the Appellate Tribunal;

(c) where the application is made by the assessee for such revision unless—

(i) the application is accompanied by a fee of rupees twenty-five; and

(ii) the application is made within one year from the date of the order sought to be revised or within such further period as the Commissioner may think fit to allow on being satisfied that the assessee was prevented by sufficient cause from making the application within that period; and

(d) where the order is sought to be revised by the Commissioner of his own motion, if such order is made more than one year previously.

Explanation.—For the purposes of this sub-section,—

(a) the ⁴ Deputy Commissioner (Appeals) shall be deemed to be an authority subordinate to the Commissioner; and

(b) an order by the Commissioner declining to interfere shall be deemed not to be an order prejudicial to the assessee.

(2) Without prejudice to the provisions contained in sub-section (1), the Commissioner may call for and examine the record of any proceeding under this Act, and, if he considers that any order passed therein by an ⁵ Assessing Officer is erroneous in so far as it is prejudicial to the interests of revenue, he may, 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 it and directing a fresh assessment.

⁶ Explanation.—For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,—

(a) an order passed ⁷ on or before or after the 1st day of June, 1988 by the Assessing Officer shall include an order passed by the ⁸ Joint Commissioner in exercise of the powers or in performance of the functions of an Assessing Officer conferred on or assigned to him under orders or directions issued by the Board or by the Chief Commissioner or Director General or Commissioner authorised by the Board in this behalf under section 120 of the Income-tax Act read with section 7 of this Act;

(b) ―record‖ 9 shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Commissioner;

(c) where any order referred to in this sub-section and passed by the Assessing Officer had been the subject matter of any appeal, ⁷filed on or before or after the 1st day of June, 1988, the powers of the Commissioner under this sub-section shall extend ⁷ and shall be deemed always to have extended to such matters as had not been considered and decided in such appeal.

(3) No order shall be made under sub-section (2) after the expiry of two years 10 from the end of the financial year in which the order sought to be revised was passed.

¹¹ Explanation.—In computing the period of limitation for purposes of this sub-section, the time taken taken in giving an opportunity to the assessee to be reheard under the proviso to section 38 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded

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1. Subs. by Act 4 of 1988, s. 161, for ―Appellate Assistant Commissioner‖ (w.e.f. 1-4-1988).

2. Ins. by Act 29 of 1977, s. 39 of the Fifth Schedule (w.e.f. 10-7-1978).

3. Subs. by s. 39 ibid., of the Fifth Schedule, ―in the case of the Appellate Tribunal‖ (w.e.f. 10-7-1978).

4. Subs. by Act 4 of 1988, s. 161, for ―Appellate Assistant Commissioner‖ (w.e.f. 1-4-1988).

5. Subs. by s. 161, ibid., for ―Gift-tax Officer‖ (w.e.f. 1-4-1988).

6. Subs. by Act 26 of 1988, s. 68, for Explanation (w.e.f. 1-6-1988).

7. Ins. by Act 13 of 1989, s. 32 (w.e.f. 1-6-1988).

8. Subs. by Act 21 of 1998, s. 76, for ―Deputy Commissioner‖ (w.e.f. 1-10-1998).

9. Subs. by Act 13 of 1989, s. 32, for ―includes‖ (w.e.f. 1-6-1988).

10. Subs. by Act 67 of 1984, s. 74, for ―form the date of the order sought to be revised‖ (w.e.f. 1-10-1984).

11. Explanation added by Act 53 of 1962, s. 19 (w.e.f. 1-4-1963).