https://www.taxtmi.com/caselaws?id=188451 The right to carry forward and set off losses is a substantive statutory right and must be exercised only under the law in force for the relevant period; an allowance made in disregard of the unamended provision and the Removal of Difficulties Order disclosed a patent mistake and was rightly rectified under section 35. The doctrine of merger applies only to matters actually carried in appeal: where the Revenue did not challenge that direction before the Tribunal, it did not merge in the appellate order, so the Appellate Assistant Commissioner retained jurisdiction to rectify it. The challenge to rectification therefore failed. en-us Mon, 09 Apr 1962 00:00:00 +0530 Thu, 01 Dec 2016 12:33:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188451 The right to carry forward and set off losses is a substantive statutory right and must be exercised only under the law in force for the relevant period; an allowance made in disregard of the unamended provision and the Removal of Difficulties Order disclosed a patent mistake and was rightly rectified under section 35. The doctrine of merger applies only to matters actually carried in appeal: where the Revenue did not challenge that direction before the Tribunal, it did not merge in the appellate order, so the Appellate Assistant Commissioner retained jurisdiction to rectify it. The challenge to rectification therefore failed. Case-Laws Income Tax Mon, 09 Apr 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188451