86 Revision by Commissioner upon application

86.Revision by Commissioner upon application.

(1) Subject to such rules as may be prescribed and for reasons to be recorded in writing, the Commissioner or the prescribed authority may, upon application, revise any order other than an order referred to in section 87 and an order of provisional assessment or any other assessment against which and appeal lies under section 84, passed by a person appointed under sub-section (1) of section 6 to assist him:

Provided that any application for revision filed against the observations made in the audit report as referred to in sub-section (3) of section 43, shall, if not disposed of before the expiry of ninety days from the date of its presentation, be deemed to have been disposed of in accordance with law and all the claims of the applicant shall be deemed to have been allowed in full:

Provided further that the appropriate revisional authority may, before the expiry of the period mentioned in the first proviso, obtain from the Commissioner an extension of time mentioned in that proviso and where the Commissioner, for reasons to be recorded in writing extend the time, such revision may be disposed of during the period of three months immediately following the period of ninety days as referred to in the first proviso:

Provided also that in computing the period mentioned in the first proviso for disposal of any application for revision, the period during which the appropriate revisional authority is restrained from disposing of or continuing any proceedings for such revision by an order of an authority under the Act, or a tribunal or any court, shall be excluded.

(2) Notwithstanding anything contained in sub-section (1), the Commissioner may, upon application filed during the period commencing from the 1st day of July, 2006 and ending on the 30th day of June, 2008, revise a final appellate or revisional order from an order of provisional assessment or any other assessment.

Explanation.–– For the purposes of this section, the expression "any order" also includes the following,––

(a) an order of seizure of accounts of the dealer or casual dealer or any other person, made under section 67;

(b) an order of sealing any house, room, warehouse, almirah, cabinet, safe, locker, drawer, box, or any receptacle, made under section 69;

(c) an order of seizure of accounts of the transporter, carrier or transporting agent made under section 71;

(d) an order of seizure of goods of any person, made under section 76.