120. Power of Inspecting Joint Commissioner to revise orders of Deputy Commissioner of Taxes.-


1[120. Power of Commissioner or Inspecting Joint Commissioner to revise the erroneous order.- (1) The Inspecting Joint Commissioner may call for and examine the record of any proceeding under this Ordinance if he considers that any order passed therein by the Deputy Commissioner of Taxes is erroneous in so far as it is prejudicial to the interests of the revenue, and may, after giving the assessee an opportunity of being heard, and after making or causing to be made, such inquiry as he thinks necessary, pass such order thereon as in his view the circumstances of the case would justify, including an order enhancing or modifying the assessment or cancelling the assessment and directing a fresh assessment to be made.

(2) Where the power of the Deputy Commissioner of Taxes is exercised by a higher income tax authority under the provision of section 10, the proceedings mentioned in sub-section (1) shall be taken by the Commissioner.

(3) No order shall be made under sub-section (1) after the expiry of four years from the date of the order sought to be revised.

 (4) Nothing in section 93 shall bar any proceeding under this section in applicable cases.

 (5) In this section, an order shall be deemed to be erroneous if, in the opinion of the Commissioner or the Inspecting Joint Commissioner, as the case may be,-

(a) any income is misclassified in the order; or

(b) any provision of this Ordinance is misinterpreted in making the order; or

(c) the order is passed without making verification which should have been made; or

(d) the order is passed allowing any relief without inquiring into the claim; or
(e) the order, direction or instruction issued by the Board under section 8 has not been observed or followed in the order; or

(f) the order is erroneous for reasons apparent from the record.]

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Ins by F.A 2017

120.  Power  of  Inspecting  Joint  Commissioner  to  revise  orders  of  Deputy Commissioner  of  Taxes.- 

(1)  The  Inspecting  Joint  Commissioner  may  call for from the Deputy Commissioner of Taxes and examine the record of any proceeding under this Ordinance, and , if he considers that any order passed therein by the Deputy Commissioner of Taxes is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity  of  being  heard,  and  after  making  or  causing  to  be  made,  such inquiry  as  he  thinks  necessary,  pass  such  order  thereon  as  in  his  view  the circumstances  of  the  case  would  justify,  including  an  order  enhancing  or
modifying the assessment or cancelling the assessment and directing a fresh assessment to be made.


(2) No order shall be made under sub-section (1) after the expiry of four years from the date of the order sought to be revised.

 

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