https://www.taxtmi.com/caselaws?id=288965 Section 125 of the Income Tax Act, 1918 was construed broadly: a Surveyor may "discover" an undercharge even where the earlier assessment was wrong in law on facts already known, because discovery covers recognition that the legal effect of those facts was misapplied. The Court also rejected any reading that would confine "undercharged" to factual or accidental errors, holding that the term includes an assessment understated through a mistake of law. On that construction, the statutory power for additional assessment was available, and the taxpayer's challenge failed. en-us Tue, 16 Nov 1948 00:00:00 +0530 Wed, 08 Jul 2020 11:44:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288965 Section 125 of the Income Tax Act, 1918 was construed broadly: a Surveyor may "discover" an undercharge even where the earlier assessment was wrong in law on facts already known, because discovery covers recognition that the legal effect of those facts was misapplied. The Court also rejected any reading that would confine "undercharged" to factual or accidental errors, holding that the term includes an assessment understated through a mistake of law. On that construction, the statutory power for additional assessment was available, and the taxpayer's challenge failed. Case-Laws Income Tax Tue, 16 Nov 1948 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288965