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1 - 10 of 11 (1.53 seconds)The Wealth-Tax Act, 1957
Section 35 in The Wealth-Tax Act, 1957 [Entire Act]
Volkart Brothers And Ors. vs Income-Tax Officer, Companies Circle ... on 6 February, 1967
"The Court further felt that the question as to
whether the retrospectivity given by the Amending Act would
cover cases of completed assessment was itself a debatable
question and following the decision of this Court in Volkart
Brothers v. Income Tax Officer 82 I.T.R. 50, the Court did
not express any opinion on that point but took the view that
since it was a debatable question it could not be said to be
an error apparent on the face of the record and, therefore,
the AAC's order was liable to be quashed. The High Court,
therefore, set aside the impugned order of the AAC whereby
the rectification had been effected. The Revenue has
challenged this view of the High Court before us in this
appeal.
The Delhi Cloth & General Mills Co. Ltd. vs The Commissioner Of Income-Tax, New ... on 9 August, 1971
After referring to the
decision of the Privy Council in Delhi Cloth and General
Mills Co. Ltd. v. Income Tax Commissioner, A.I.R. 1927 PC
242, as also to the Board's decision in Colonial Sugar
Refining Co. v. Irving, [1905] A.C. 369, this Court with
reference to the precise argument observed thus:
M.K. Venkatachalam vs Bombay Dyeing And Manufacturing Co. on 28 April, 1958
(b) the question as to whether the Amending Act applied to
assessments which were already completed was, in any event,
a debatable question. At the hearing counsel for the
assessee conceded that so far as the first ground was
concerned the matter was concluded by a decision of this
Court in M.K. Venkatachalam, Income-tax Officer v. Bombay
Dyeing and Manufacturing Co. Ltd., (34) I.T.R. 143, and
therefore, he did not press that ground. He, however,
strenuously urged that since the original assessment had
been completed long before the Amending Act was passed and
since the same had become final as no appeal had been
preferred against the order dated June 26, 1970 by either
side the Amending Act could not reach or affect such
completed assessment and in any event the question whether
the Amending Act covered completed assessments or not was
debatable question and, therefore, the AAC had no power to
rectify his predecessor's order.
Section 18A in Income Tax Rules, 1962 [Entire Act]
Income Tax Rules, 1962
Section 32 in The Wealth-Tax Act, 1957 [Entire Act]
Commissioner Of Wealth Tax, Gujarat ... vs Mrs. Arundhati Balkrishna on 25 February, 1970
In doing so the AAC followed the decision of this
Court in Commissioner of Wealth-tax v. Arundhati Balkrishna,
77 I.T.R. 505. No further appeal was filed against that
decision of the A.A.C. by either side and in a sense the
order became final as the period provided for appeal against
it was allowed to expire. Section 5(1) (viii) of the Wealth-