Law: Income Tax Act, 1922

Section: 35,66

(a) Income-tax Act (XI of 1922)---S. 35-Rectification of mistake-Conclusion or finding as to whether there is a mistake apparent from records in a particular case-Held, not a pure question of fact to be determined subjectively by Tribunal ­Mistake apparent from record must be capable of being demonstrated objectively--Questions to be determined are whether there is a mistake and whether it is apparent from record-Question arising from such determination-Held, a mixed question of fact and law. (b) Income-tax Act (XI of 1912)- --- S, 66----Reference---Law not considered or cued before Tribunal-­Held, cannot be considered or taken into account by High Court in its advisory jurisdiction. (c) Interapretation of statutes- ---Act passed with retrospective effect- Deeming provision must be given its full and logical effect. Venkatachalam (M. K.), I. T. O. v. Bombay Dyeing & Mfg. Co. Ltd (1958) 34 I T R 143 (S C) and S. A. L. Narayan Row v. Ishwarlal Bhgwandas (1965) 57 I T R 149 (S C) distinguished. C. I. T. v. Durga Prasad More (1971) 82 I T R 540(S.C); C. I. T. v. Standard Vacuum Oil Co. Ltd. (1965) 57 I T R 384 (Cal.); East End Dwellings Co Ltd. v. Finsbury Borough Council (1952) A C 109 (H L); Government o­f Andhra Pradesh v. Hindustan Machine Tools Ltd. (1975) A I R 1975 S C 2037; Sankappa v. I. T. O. (1968) 68 I T R 760 (S C); Satyanarayan Laxminarayan Hegde v. Malikarjun Bhavanappa Tirumale A I R 1960 S C 137; Shenmugham (K. M.) v. S. R. V. S. (P.) Ltd. A I R 1963 1626; Southern India Tea Estate Co. Ltd. v. C. I. T. (1964) 51 I T R 47 (Ker.) and Travancore Titanium Products Ltd. v. C. I. T. (1966) 60 I T R 217 (S C) ref. JUDGMENT DIPAK KUMAR SEN, J. In this reference at the instance of the commissioner of Income-tax, West Bengal-I, the Tribunal has been directed under section 256(2) of the Income-tax Act, 1961, to send up a statement in respect of the two questions: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there was no mistake apparent from the record regarding the allowance of Rs. 619 163 wealth tax and that accordingly the order of rectification passed by the Income-tax Officer in respect…

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