28. Classification of turnover :-
Where any Court or Tribunal or any Appellate authority or any other authority passes an order in appeal or review which has the effect that,-
(i) any tax assessed under this Act or any other Act should have been assessed under the provisions of an Act other than that under which it was assessed, or
(ii) any claim allowed or disallowed modifies the tax liabilityunder this act or any other Act,
then in consequence of such order, such turnover or part thereof may be assessed or, as the case may be, tax liability may be determined, under this Act in accordance with the allowance or disallowance of such claim and may be subjected to tax at any time within five years from the date of such order :
Provided that, where any assessment has already been made, the assessment shall be modified after giving the dealer a reasonable opportunity of being heard, notwithstanding that any provision regarding limitation applies to such assessment period.