https://www.taxtmi.com/caselaws?id=49548 Section 35 of the Indian Income-tax Act was construed to allow rectification of an assessment for an obvious mistake of law apparent from the record, including an error arising from retrospective amendment, where no debatable reasoning was required. The rectification power was treated as wider than review under Order XLVII rule 1 CPC, and failure to apply the amended law could be corrected on the record. Interest under section 18A(8) was also held mandatory on non-compliance with advance-tax requirements, so omission to levy it was rectifiable. The challenge to the rectification orders accordingly failed, and the assessment orders were upheld. en-us Tue, 13 Dec 1960 00:00:00 +0530 Fri, 03 Apr 2015 17:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=49548 Section 35 of the Indian Income-tax Act was construed to allow rectification of an assessment for an obvious mistake of law apparent from the record, including an error arising from retrospective amendment, where no debatable reasoning was required. The rectification power was treated as wider than review under Order XLVII rule 1 CPC, and failure to apply the amended law could be corrected on the record. Interest under section 18A(8) was also held mandatory on non-compliance with advance-tax requirements, so omission to levy it was rectifiable. The challenge to the rectification orders accordingly failed, and the assessment orders were upheld. Case-Laws Income Tax Tue, 13 Dec 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49548