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M/S. Maharana Mills (Private) Ltd vs The Income-Tax Officer, Porbandar on 14 April, 1959

The learned Judges of the High Court seem to have fallen into an error in equating the language and scope of s. 35 of the Act with that of O. 47, r. 1, Civil Procedure Code. The language of the two is different because according to s. 35 of the Act which provides for rectification of mistakes the power is given to the various income-tax authorities within four years from the date of any assessment passed by them to rectify 240 any mistake "apparent from the record" and in the Civil Procedure Code the words are "an error apparent on the face of the record" and the two provisions do not mean the same thing. This court in Maharana Mills (Private) Ltd. v. Income-tax Officer, Porbandar (1) has laid down the scope of s. 35 at p. 358 in the following words:-
Supreme Court of India Cites 20 - Cited by 95 - J L Kapur - Full Document
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