https://www.taxtmi.com/caselaws?id=276813 Section 35(5) of the Indian Income-tax Act, 1922 deems an omission or wrong inclusion in a partner's assessment, arising from the assessment or reassessment of a firm, to be a mistake apparent from the record. The limitation period runs from the firm's final order, not from the partner's original assessment. Where the firm's reassessment occurs after 1 April 1952, the provision applies to the resulting rectification without giving the amendment retrospective effect beyond the date fixed by Parliament. The prior finality of the partner's assessment does not bar rectification once the statutory conditions are met. en-us Fri, 08 May 1959 00:00:00 +0530 Sat, 17 Nov 2018 18:11:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276813 Section 35(5) of the Indian Income-tax Act, 1922 deems an omission or wrong inclusion in a partner's assessment, arising from the assessment or reassessment of a firm, to be a mistake apparent from the record. The limitation period runs from the firm's final order, not from the partner's original assessment. Where the firm's reassessment occurs after 1 April 1952, the provision applies to the resulting rectification without giving the amendment retrospective effect beyond the date fixed by Parliament. The prior finality of the partner's assessment does not bar rectification once the statutory conditions are met. Case-Laws Income Tax Fri, 08 May 1959 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276813