https://www.taxtmi.com/caselaws?id=277151 Section 35 of the Income-tax Act, 1922 could not be used to rectify a completed assessment on the basis of a later retrospective amendment, because the power is confined to mistakes apparent from the record as it stood when the assessment order was made. The assessee was entitled to the credit allowed under section 18A(5) when the assessment was completed, and the subsequent amendment did not create a rectifiable mistake. The retrospective amendment did not itself authorise reopening of the assessment, particularly where the Amendment Act contained express reopening provisions in other respects. The notice of demand was therefore not warranted in law, and relief was granted to the assessee. en-us Fri, 05 Mar 1954 00:00:00 +0530 Tue, 27 Nov 2018 12:53:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277151 Section 35 of the Income-tax Act, 1922 could not be used to rectify a completed assessment on the basis of a later retrospective amendment, because the power is confined to mistakes apparent from the record as it stood when the assessment order was made. The assessee was entitled to the credit allowed under section 18A(5) when the assessment was completed, and the subsequent amendment did not create a rectifiable mistake. The retrospective amendment did not itself authorise reopening of the assessment, particularly where the Amendment Act contained express reopening provisions in other respects. The notice of demand was therefore not warranted in law, and relief was granted to the assessee. Case-Laws Income Tax Fri, 05 Mar 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277151