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1 - 10 of 11 (0.67 seconds)Section 33 in The Income Tax Act, 1961 [Entire Act]
Article 226 in Constitution of India [Constitution]
M/S. Maharana Mills (Private) Ltd vs The Income-Tax Officer, Porbandar on 14 April, 1959
(ii) unlike the present case, there, the error was in
existence and apparent from the record of the appeal at the
time of its decision. it is argued that-Maharana Mills' case
(supra) was not one where the mistake was rectified with
reference to something happening subsequently to the
original decision of the Appellate Assistant Commissioner.
Section 34 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Income Tax Rules, 1962
The Commissioner Of Income-Tax vs Khemchand Ramdas on 7 April, 1938
8--564SCI/75
850
Tribunal had for the I.T.O's finding as to the value of the
closing stock for the assessment year 1959-60 being Rs.
8,04,121/- completely substituted its own finding regarding
such value being Rs. 5,89, 439/-, with effect from the date
of I.T.O's order, and thus the Tribunal's order, though
passed subsequently, had, with retrospective effect, become
a part of the record of the, appeal relating, to the
assessment year 1960-61, which could legitimately be looked
into by the Appellate Assistant Commissioner for the purpose
of ascertaining and rectifying the mistake in his appellate
decision. Reliance has been placed on the decisions of this
Court in Maharana Mills (P) Ltd. v. Income-tax Officer,
Porbandat (supra) and that of the Privy Council in Commis-
sioner of Income-tax v. Khemchand Ramdas (supra).
The material part of s.35 is in these terms
"35(1). The Commissioner or Appellate
Assistant Commissioner may, at any time within
four years from the date of any order passed
by him in appeal or in the case of the
Commissioner in revision under Section 33A and
the Income-Tax Officer may, at any time,
within four years from the date of any
assessmet order of refund order passed by him
on his own motion rectify any mistake apparent
from the record of the appeal, revision,
assessment or refund as the case may be, and
shall within the like period rectify any such
mistake which has been brought to his notice
by an assessee. . . "