TMI BlogRevision of orders prejudicial to revenueX X X X Extracts X X X X X X X X Extracts X X X X ..... after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, 18[including,- (i) an order enhancing or modifying the assessment or cancelling the assessment and directing a fresh assessment; or (ii) an order modifying the order under section 92CA; or (iii) an order cancelling the order under section 92CA and directing a fresh order under the said section.]. 2[Explanation 13[1].-For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,- (a) an order passed 3[on or before or after the 1st day of June, 1988] by the Assessing Officer 17[or the Transfer Pricing Officer, as the case may be,] shall include- (i) an order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d decided in such appeal.] 14[Explanation 2.-For the purposes of this section, it is hereby declared that an order passed by the Assessing Officer 17[or the Transfer Pricing Officer, as the case may be,] shall be deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if, in the opinion of the Principal 15[Chief Commissioner or Chief Commissioner or Principal] Commissioner or Commissioner,- (a) the order is passed without making inquiries or verification which should have been made; (b) the order is passed allowing any relief without inquiring into the claim; (c) the order has not been made in accordance with any order, direction or instruction issued by the Board under section 119; or (d) t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt) Act, 1987, w.e.f. 1-4-1988. 2. Substituted by the Finance Act, 1988, w.e.f. 1-6-1988. Prior to its substitution, Explanation was inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3. Inserted by the Finance Act, 1989, w.r.e.f. 1-6-1988. 4. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 5. Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 6. Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 7. Substituted for "includes" by the Finance Act, 1989, w.r.e.f. 1-6-1988. 8. Inserted by the Finance Act, 1989, w.r.e.f. 1-6-1988. 9. Inserted by the Finance Act, 1989, w.r.e.f. 1-6- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|