(1) where the assessment is deemed to have been made under sub-section (1) of section 47 in respect of a registered dealer relating to any year or part of a year and where the report, prepared under sub-section (3) of section 43 in respect of such year or such part of a year, contains the finding as referred to in sub-section (5) of section 43, and where it appears to an Additional Commissioner or to a Senior Joint Commissioner having jurisdiction in respect of such dealer to proceed under sub-section (3A) of section 47, he may issue a notice calling upon the dealer to show cause, if any, on a date fixed not less than fifteen days from the date of service of notice, why the deemed assessment relating to such year or such part of a year shall not be reopened and fresh assessment of tax under sub-section (1) of section 46 shall not be started in accordance with the provisions of sub-section (3A) of section 47.

(2) After considering the cause, if any, shown by the registered dealer in pursuance of the said notice referred to in sub-rule (1), the concerned Additional Commissioner or the Senior Joint Commissioner may, within the time referred to in sub-section (3A) of section 47, reopen an assessment by passing an order, in writing, directing the appropriate auditing authority to make a fresh assessment of tax under sub-section (1) of section 46 in accordance with the provisions of the first proviso to sub-section (5) of section 43 in respect of any year or part of a year for which the assessment has been deemed to have been made in accordance with the provisions of sub-section (1) of section 47 and he shall record his reasons for such reopening and inform the dealer accordingly.

(3) On receipt of the order referred to in sub-rule (2), the appropriate auditing authority shall, under the provisions of the first proviso to sub-section (5) of section 43, proceed to make fresh assessment in accordance with the provisions of sub-section (1) of section 46 and the rule made thereunder and the said authority shall make such assessment within such time as is provided in sub-section (3A) of section 47.