https://www.taxtmi.com/caselaws?id=285929 Original assessments made under section 23(3), though not provisional in the strict section 23B sense, were expressly subject to the assessees' written understanding that the share income could be revised after completion of the firm's assessment. On that basis, the later completion of the firm's assessment formed part of the record for rectification purposes, and the error revealed could be corrected as a mistake apparent from the record under section 35(1) within limitation. Section 35(5) did not apply because the original assessments were completed before 1 April 1952 and the provision was not retrospective beyond its terms. The Court also declined discretionary writ relief under article 226, noting the assessees had accepted the benefit of their undertaking. en-us Wed, 04 Dec 1957 00:00:00 +0530 Mon, 03 Feb 2020 16:45:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285929 Original assessments made under section 23(3), though not provisional in the strict section 23B sense, were expressly subject to the assessees' written understanding that the share income could be revised after completion of the firm's assessment. On that basis, the later completion of the firm's assessment formed part of the record for rectification purposes, and the error revealed could be corrected as a mistake apparent from the record under section 35(1) within limitation. Section 35(5) did not apply because the original assessments were completed before 1 April 1952 and the provision was not retrospective beyond its terms. The Court also declined discretionary writ relief under article 226, noting the assessees had accepted the benefit of their undertaking. Case-Laws Income Tax Wed, 04 Dec 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285929