Rectification for mistake apparent from the record upheld under wealth-tax law where the issue was not debatable.

Where the Tribunal found an undisputed mistake apparent from the record and held that the assessee's right to receive the amount was not debatable, the statutory power of rectification under section 35 of the Wealth-tax Act, 1957, was properly invoked. The finding of apparent mistake was not challenged, so the rectification proceedings were valid in law and the issue was decided against the assessee and in favour of the Revenue.

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Issues: Whether proceedings under section 35 of the Wealth-tax Act, 1957, were valid in law in the light of the Tribunal's finding that there was a mistake apparent from the record.

Analysis: The Tribunal's finding that the assessee's right to receive the amount was not debatable and that a mistake apparent from the record existed was not challenged. Once such a mistake was found, the statutory power of rectification under section 35 was properly attracted.

Conclusion: The proceedings under section 35 of the Wealth-tax Act, 1957, were valid in law and the question was answered against the assessee and in favour of the Revenue.

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