(1) A Divisional Commissioner x x x may, within his jurisdiction, on being
moved by the Assessing Authority call for and examine the records of any proceedings
under this Act and if he considers that any order is illegal or improper or erroneous he
may pass such order as he may think fit:
Provided that an order declining to interfere shall not be deemed to be prejudicial to such
person:
Provided that the Divisional Commissioner shall not revise an order against which an
application for revision has not been made within three years of the passing of such
order.
(2) The Divisional Commissioner may on application for revision of an order by any person
affected thereby, may, within six months of the date of the order, call for the record of
the proceedings in which the order complained against was passed and after examining
the record, subject to the provisions of this Act, pass such order not prejudicial to such
person as he thinks fit:
Provided that an order declining to interfere shall not be deemed to be prejudicial to
such person:
Provided further that no revision under this sub-section shall be entertained upon the
application of such person-
(a) if he could have appealed under section 16 or 18 and no appeal has been filed by
him, or
(b) if an appeal is pending before the appellate authority, or
(c) if the application relates to any notice issued under this section for the purpose of assessment or for any other purpose, or
(d) if the application is against an interim order passed in assessment or appellate
proceedings although it will be open to the party aggrieved to challenge such an order
in revision against the final order made in the proceedings:
Provided also that the Divisional Commissioner may admit an application for
revision after the said period of six months, if he is satisfied that the applicant had sufficient
cause for not making the application within the said period.
x x x
(3) Notwithstanding that an application for revision of an order has been preferred to the
Divisional Commissioner48 the tax shall be paid in accordance with the order against
which revision has been preferred.
(4) No order under this section shall be passed without giving the person affected as also
the authority whose order is sought to be revised or their representatives, a reasonable
opportunity of being heard.
44 sec 17-A of the principal act 18/64 the above shall be substituted vide amendment act(14/95) above
new section inserted.
expression at the rate of 15 per annum shall be substituted by amendment 1998 wide rajasthan
finance act 1998(1998-8) published in rajasthan gazette extraordianry dated july 31, 1998.
45 substituted by sec. 13(a) of act 15/73
46 substituted by sec. 13(b) of act 15/73
47 substituted by sec 19 of act no. 13/87 w.e.f 1-187 published in Gazette 17-4-87 & 15 per annum
inserted vide rajasthan finance ac (8/1998)
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