https://www.taxtmi.com/caselaws?id=5074 Section 35(5) of the Income-tax Act, 1922 was construed as a remedial provision enabling correction of a partner's completed assessment when the firm's assessment or reassessment was later finalised. The majority held that the decisive trigger was the firm's later final determination, not the date on which the partner's assessment had originally been completed, and that the four-year limitation ran from the final order in the firm's case. On that reading, the provision could operate on partner assessments completed before 1 April 1952. The earlier contrary view in Atmala Nagaraj was rejected, while Habibullah was treated as consistent with this construction. en-us Wed, 25 Oct 1967 00:00:00 +0530 Mon, 02 Dec 2013 10:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=5074 Section 35(5) of the Income-tax Act, 1922 was construed as a remedial provision enabling correction of a partner's completed assessment when the firm's assessment or reassessment was later finalised. The majority held that the decisive trigger was the firm's later final determination, not the date on which the partner's assessment had originally been completed, and that the four-year limitation ran from the final order in the firm's case. On that reading, the provision could operate on partner assessments completed before 1 April 1952. The earlier contrary view in Atmala Nagaraj was rejected, while Habibullah was treated as consistent with this construction. Case-Laws Income Tax Wed, 25 Oct 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=5074