Section 17 in The Companies (Profits) Surtax Act, 1964
17. Revision of orders by [Chief Commissioner or Commissioner] [Substituted for the word "Commissioner" by the Act 04 of 1988, section 187].-
(1)The [Chief Commissioner or Commissioner] may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this Act which has been taken by an [Assessing Officer] [Substituted for the words "Income-tax Officer" by Act 04 of 1988, section 187] [* * * *] [Word "or Appellate Assistant Commissioner" is omitted by Act 29 of 1977, section 39 ] subordinate to him and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as the thinks fit.(2)The [Chief Commissioner or Commissioner] [Substituted for the word "Commissioner" by the Act 04 of 1988, section 187] shall not of his own motion revise any order under this section if the order has been made more than one year previously.(3)In the case of an application for revision under this section by the assessee, the application shall be made within one year 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 [Chief Commissioner or Commissioner] [Substituted for the word "Commissioner" by the Act 04 of 1988, section 187] may, if he is specified that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period.(4)The [Chief Commissioner or Commissioner] [Substituted for the word "Commissioner" by the Act 04 of 1988, section 187] shall not revise any order under this section in the following cases -(a)[ where an appeal against the order lies to the Commissioner (Appeals) or to the Appellate Tribunal 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 Appellate Tribunal, the assessee has not waived his right of appeal; or [Substituted by the Act 29 of 1977, section 39](b)where the order is pending on an appeal before the Commissioner (Appeals);](5)Every application by an assessee for revision under this section shall be accompanied by a fee of twenty-five rupees.Explanation 1.- An order by the [Chief Commissioner or Commissioner] declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee,[* * * * * * *] [Word "or Appellate Assistant Commissioner" is omitted by Act 29 of 1977, section 39]
