https://www.taxtmi.com/caselaws?id=5085 Rectification under section 35(5) of the Income-tax Act, 1922 was available through section 297(2)(a) of the 1961 Act for assessment years governed by the old Act, because rectification forms part of assessment proceedings. Orders passed after registration of the firms were treated as assessment orders since they determined firm tax, refund, and apportionment of income to partners. The absence of a separate express finding in the partners' individual assessments did not bar correction, because section 35(5) was intended to align partner assessments with the proper tax position and prevent income from escaping assessment. en-us Thu, 14 Dec 1967 00:00:00 +0530 Tue, 31 Mar 2015 11:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=5085 Rectification under section 35(5) of the Income-tax Act, 1922 was available through section 297(2)(a) of the 1961 Act for assessment years governed by the old Act, because rectification forms part of assessment proceedings. Orders passed after registration of the firms were treated as assessment orders since they determined firm tax, refund, and apportionment of income to partners. The absence of a separate express finding in the partners' individual assessments did not bar correction, because section 35(5) was intended to align partner assessments with the proper tax position and prevent income from escaping assessment. Case-Laws Income Tax Thu, 14 Dec 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=5085