(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 Assessing Officer] [ Substituted by Act 4 of 1988, Section 127, for " a Wealth-tax Officer" (w.e.f. 1.4.1988).] is erroneous insofar 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.[ Explanation .-For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,-(a)an order passed ] [Substituted by Act 26 of 1988, Section 57, for Explanation (w.e.f. 1.6.1988). ] [on or before or after the 1st day of June 1988,] [Inserted by Act 13 of 1989, Section 30 (w.r.e.f. 1.6.1988). ][by the Assessing Officer shall include an order made by the Joint Commissioner in exercise of the powers or in the 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 8 of this Act;(b)"record" ] [Substituted by Act 26 of 1988, Section 57, for Explanation (w.e.f. 1.6.1988). ] [shall include and shall be deemed always to have included] [ Substituted by Act 13 of 1989, Section 30, for " includes" (w.r.e.f. 1.6.1988).][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 ] [Substituted by Act 26 of 1988, Section 57, for Explanation (w.e.f. 1.6.1988). ] [filed on or before or after the 1st day of June, 1988] [ Inserted by Act 13 of 1989, Section 30 (w.r.e.f. 1.6.1988).][, the powers of the Commissioner under this sub-section shall extend ] [Substituted by Act 26 of 1988, Section 57, for Explanation (w.e.f. 1.6.1988). ][and shall be deemed always to have extended] [Inserted by Act 13 of 1989, Section 30 (w.r.e.f. 1.6.1988). ][to such matters as had not been considered and decided in such appeal.] [Substituted by Act 26 of 1988, Section 57, for Explanation (w.e.f. 1.6.1988). ]
