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Issues: Whether a revision under section 16 of the Andhra Pradesh Tax on Professions, Trades, Callings and Employments Act, 1987 was maintainable against the assessment order notwithstanding the availability of an appeal under section 15(1) of the Act, and whether the revisional authority could reject the revision solely on the ground of alternative remedy.
Analysis: Section 15(1) provides an appellate remedy against orders passed under the Act, except an order under section 8(3). Section 16 separately confers revisional jurisdiction on the Commissioner to call for and examine the record of the assessing authority or appellate authority to satisfy himself about the regularity, correctness, legality, or propriety of the proceedings or decision. On a plain reading, the statute permits a revision even against an assessment order. The existence of an appellate remedy did not justify dismissal of the revision without examining it on merits, since the petitioner was entitled to elect either remedy.
Conclusion: The revision was maintainable and had to be decided on merits. The revisional authority's refusal to entertain it on the ground of alternative remedy was unsustainable, and the impugned order was set aside with a direction to dispose of the revision afresh in accordance with law.
Ratio Decidendi: Where a fiscal statute expressly confers revisional jurisdiction over assessment orders, the revisional authority cannot decline to exercise that jurisdiction merely because an appellate remedy is also available.