53. Special powers of 1 [Joint] Commissioner

(1) The Joint Commissioner may, of his own motion, call for and examine an order passed or proceeding recorded by the appropriate authority under section 22, section 24, section 26, sub-sections (1), (2), (3) and (4) of section 27, section 28 or section 29 and if such order or proceeding recorded is prejudicial to the interests of revenue, may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order or proceeding and may pass such order thereon as he thinks fit.

This sub-section is as substituted by Section 9 of the Fifth Amendment Act 23 of 2012, notified as effective from 19th June 2012. Before this substitution, it read as under:-

53. Special powers of 1 [Joint] Commissioner.- - (1) The 1 [Joint] Commissioner may, of his own motion, call for and examine an order passed or proceeding recorded by the appropriate authority under section 22, section 24, section 26, sub-sections (1), (2), (3) and (4) of section 27, section 28 or section 29 and if such order or proceeding recorded is prejudicial to the interests of revenue, may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such order or proceeding and may pass such order thereon as he thinks fit.

(2) The 1 [Joint] Commissioner shall not initiate proceedings against any such order or proceeding referred to in sub-section (1), if—

(a) the time for appeal against the order has not expired;

(b) the order has been made the subject of an appeal to the Appellate 1 [Deputy] Commissioner or the Appellate 1 [Joint] Commissioner or the Appellate Tribunal, or of a revision in the High Court; or

(c) more than six years have expired after the date of assessment:

Provided that if the order passed or proceeding recorded by the appropriate authority referred to in sub-section (1) involves an issue on which the High Court has given its decision adverse to the revenue in any other proceedings and an appeal to the Supreme Court against the order of the High Court is pending, the period of time between the date of the above said order of the High Court and the date of the order of the Supreme Court shall be excluded in computing the period referred to in clause (c).

(3) No order under this section adversely affecting a person shall be passed unless that person has had a reasonable opportunity of being heard.

(4) In computing the period referred to in clause (c) of sub-section (2), the time during which the proceedings before the Deputy Commissioner remained stayed under the orders of a Civil Court or other competent authority shall be excluded.