Proceedings for suo motu revision by the revisional authorities.
143. (1) Where it appears to the revisional authority referred to in sub-rule (3) of rule 142 that an assessment order or any other order passed by an authority subordinate to him under the Act and rules made thereunder is required to be revised by his, on his own motion, under section 85, such revisional authority shall serve upon a notice in Form No. 70 with a gist of the proposed order directing him to appear before him and show cause on the date and at the time and place specified in such notice as to why the order referred to therein shall not be revised:
Provided that the revisional authority shall not revise an assessment order, or any other order, on his own motion-
(a) if the time for presenting an appeal from such assessment order or the application for revision of such order has not expired; or
(b) if the assessment order, or any other order has been passed eight years before the date of revision:
Provided further that in computing the time limited by clause (b) of the first proviso
for revising any order under section 85, the period of time during which revisional authority is restrained by an order by the tribunal or court from-
(a) commencing or continuing any proceeding for such revision;
(b) commencing or continuing any investigation, enquiry or examination of the accounts, documents or evidence required to be made in connection with such revision, shall be excluded:
Provided also that where in consequence of an assessment made or order passed in the first instance, or on appeal, revision or review under the Central Sales Tax Act, 1956 (74 of 1956), in respect of a dealer, the assessment made or order passed earlier under this Act in respect of such dealer requires to be revised, the revisional authority may, on his own motion, revise any assessment made or order passed in respect of such dealer under this Act within eight years from the date of order passed under the Central Sales Tax Act, 1956.
(2) The revisional authority shall fix the date of hearing under sub-rule (1) ordinarily not less than fifteen days from the date of issue of the notice under the said sub-rule.
(3) After considering the objection, if any, made in pursuance of the notice under sub-rule (1) and examining any account, document or evidence produced in support thereof before the revisional authority on the date specified in such notice or on such other date as may be allowed by him and also considering the evidence or information which the revisional authority has in his possession, he shall, by an order in writing, revise to the best of his judgement the order referred to in the notice served under sub-rule (1):
Provided that where a dealer, casual dealer, or person fails to appear and show cause against the proposed revision, the revisional authority shall revise the order ex parte to the best of his judgment.
(4) A copy of the order passed under sub-rule (3) shall be sent to the dealer, casual dealer, or person, as the case may be, and to the authority whose order has been revised. |