https://www.taxtmi.com/caselaws?id=8472 Rectification of a partner's completed assessment cannot be used to reconsider whether the partner was actively engaged in a firm's business and thereby recharacterise share income from earned to unearned income. The relevant rectification provision permits amendment where a firm's assessment reveals omission or incorrect inclusion of the partner's share, but does not permit a fresh determination of a debatable factual issue requiring inquiry beyond the record. Evidence of business visits, daily reports, prior earned-income relief and past departmental treatment reinforced that the issue was unsuitable for summary rectification. Special surcharge could therefore not be imposed through rectification on that basis. en-us Thu, 09 Dec 1971 00:00:00 +0530 Sun, 26 Apr 2009 22:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8472 Rectification of a partner's completed assessment cannot be used to reconsider whether the partner was actively engaged in a firm's business and thereby recharacterise share income from earned to unearned income. The relevant rectification provision permits amendment where a firm's assessment reveals omission or incorrect inclusion of the partner's share, but does not permit a fresh determination of a debatable factual issue requiring inquiry beyond the record. Evidence of business visits, daily reports, prior earned-income relief and past departmental treatment reinforced that the issue was unsuitable for summary rectification. Special surcharge could therefore not be imposed through rectification on that basis. Case-Laws Income Tax Thu, 09 Dec 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8472