1994 (3) TMI 87

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....tances of the case, the Appellate Tribunal is justified in holding that for purpose of exercising his jurisdiction under section 35 of the Wealth-tax Act, the Wealth-tax Officer could not make a factual verification of the evidence already available on record ?" Wealth-tax assessments in relation to the respondent herein were made on February 28, 1979, and February 28, 1980, for the assessment years 1974-75 and 1975-76, respectively. The assessee had agricultural lands in Kukatpally village, and in respect of those lands no additional wealth-tax was levied on the ground that they are situated beyond 8 kms. from the municipal limits of Hyderabad city. Subsequently, in September, 1982, at the instance of the assessing authority, the Inspecto....

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.... We are not inclined to agree with Sri Ashok's contentions. Section 35(1)(a) of the Act, which is relevant, is in the following terms : "35. (1) With a view to rectifying any mistake apparent from the record- (a) the Assessing Officer may amend any order of assessment or of refund or any other order passed by him ; ...." Admittedly, the report of the Income-tax Inspector regarding the distance between the lands in question and the municipal boundary was not on record when the assessments were finalised in 1979-80. What is meant by record ? In the case relied upon by Sri Ashok (Mahendra Mills Ltd. v. P. B. Desai, A. A. C. of I. T. [1975] 99 ITR 135 (SC)), the question for consideration before the Supreme Court was whether the value of the ....