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    <title>1975 (5) TMI 18 - GAUHATI High Court</title>
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    <description>Rectification under section 61 of the Estate Duty Act, 1953 is limited to mistakes apparent from the record; where the valuation issue had already been considered in the assessment and appellate orders, a later rectification that merely changed that conclusion was without jurisdiction. An enhancing rectification is also invalid unless the accountable person is first given a reasonable opportunity of being heard. On these facts, the rectification order was quashed and the estate duty demand had to remain governed by the earlier appellate order.</description>
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      <description>Rectification under section 61 of the Estate Duty Act, 1953 is limited to mistakes apparent from the record; where the valuation issue had already been considered in the assessment and appellate orders, a later rectification that merely changed that conclusion was without jurisdiction. An enhancing rectification is also invalid unless the accountable person is first given a reasonable opportunity of being heard. On these facts, the rectification order was quashed and the estate duty demand had to remain governed by the earlier appellate order.</description>
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