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    <title>1962 (1) TMI 12 - Supreme Court</title>
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    <description>Section 35(1) did not permit rectification of a partner&#039;s completed assessment merely because a later assessment of the firm revealed a discrepancy, since the partner and the firm are distinct entities for assessment purposes and the error was not apparent from the partner&#039;s record. Section 35(5), introduced by amendment, created a limited legal fiction for deemed rectification, but it was not purely procedural and operated only within its stated retrospective scope from 1 April 1952. In the absence of express language extending that power to firm assessments completed before that date, earlier completed matters could not be reopened. The rectification power had to be exercised strictly within statutory limits.</description>
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    <pubDate>Wed, 24 Jan 1962 00:00:00 +0530</pubDate>
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      <title>1962 (1) TMI 12 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=49473</link>
      <description>Section 35(1) did not permit rectification of a partner&#039;s completed assessment merely because a later assessment of the firm revealed a discrepancy, since the partner and the firm are distinct entities for assessment purposes and the error was not apparent from the partner&#039;s record. Section 35(5), introduced by amendment, created a limited legal fiction for deemed rectification, but it was not purely procedural and operated only within its stated retrospective scope from 1 April 1952. In the absence of express language extending that power to firm assessments completed before that date, earlier completed matters could not be reopened. The rectification power had to be exercised strictly within statutory limits.</description>
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      <pubDate>Wed, 24 Jan 1962 00:00:00 +0530</pubDate>
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