https://www.taxtmi.com/caselaws?id=217584 Section 46(4) of the Bihar Finance Act, 1981 conferred an independent suo motu revisional power on the Commissioner, and delegation to the Joint Commissioner did not convert the proceeding into an application-based revision; the power was therefore validly exercised. Because the statute prescribed no express limitation period, Article 137 of the Limitation Act, 1963 was not imported, although the power still had to be exercised within a reasonable time; invocation after about three years was not treated as unreasonable. The revisional order setting aside the revised assessment orders was nevertheless unsustainable on fairness grounds, as the assessee had been materially handicapped and the matter was remitted for fresh hearing and reconsideration on the merits. en-us Wed, 10 Aug 2011 00:00:00 +0530 Thu, 18 Oct 2012 21:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=217584 Section 46(4) of the Bihar Finance Act, 1981 conferred an independent suo motu revisional power on the Commissioner, and delegation to the Joint Commissioner did not convert the proceeding into an application-based revision; the power was therefore validly exercised. Because the statute prescribed no express limitation period, Article 137 of the Limitation Act, 1963 was not imported, although the power still had to be exercised within a reasonable time; invocation after about three years was not treated as unreasonable. The revisional order setting aside the revised assessment orders was nevertheless unsustainable on fairness grounds, as the assessee had been materially handicapped and the matter was remitted for fresh hearing and reconsideration on the merits. Case-Laws VAT and Sales Tax Wed, 10 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=217584