(1)The Commissioner may call for and examine the records of any proceeding under this Act and if he considers that any order passed therein by any person appointed under sub-section (1) of section 3 to assist him is erroneous in so far as it is prejudicial to the interests of he revenue, he may, after giving the dealer or the person to whom the order relates an opportunity or being heard and after making or causing to be made such enquiry as he deems necessary, pass such order as the circumstances of the case justify, including an order enhancing or modifying the assessment of tax or penalty or cancelling such order and directing that a fresh order should me made:Provided that no order under this sub-section shall be made after the expiry of eight year from the end of the financial year in which the order sought to be revised was made.Explanations. - The provisions of this sub-section shall apply, notwithstanding that the order sought to be revised has been made the subject of any proceeding by way of appeal, in respect of matters not actually considered and decided in such proceedings.In the case of any order passed by a person appointed to assist the Commissioner under sub-section (1) of section 3, not being an order to which sub-section 91) applies, and not being an order against which on appeal under section 33 has been filed or an order in respect of which the time allowed for appeal under section 35 has not expired, the Commissioner may, either of his own motion or on an application made in the prescribed manner by the dealer or person effected by such order, call for the record of any proceeding under this Act in which any 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, pass such orders thereon, not being an order prejudicial to the dealer or person to whom the order relates, as he thinks fit:Provided that the Commissioner shall not revise any order under this sub-section after the expiry of two years from the end of the financial year in which such order was made:Provided further that where an application for revision has been made before the expiry of two years as aforesaid the order in revision may be made at any time.(3)Notwithstanding anything contained in sub-section (4) of section 3, the Commissioner shall not delegate any of the powers or functions under this section to any officer appointed to assist him under sub-section (1) of that section, who is below the rank of a Deputy Commissioner.
