Law: Income Tax Act, 1922

Section: 23,30,33,3

Income-tax Act, 1922 -- Sections 23, 30, 33, 35 -- Appeal -- Appeal against rectification order -- Order of assessment passed under Section 23 substituted by the rectified order under Section 35 -- Rectified order of assessment -- Whether appealable -- Held yes -- Mistake apparent from record -- Original assessment made overlooking income from one branch -- Assessee's statement in the records showing income from that branch also -- Mistake whether apparent from record -- Held yes -- Ascertainment of additional facts not required for rectification of mistake -- Mistake, whether can be rectified under Section 35 -- Held yes -- Writ -- Appeal not preferred under some misconception of law -- Misconception not unfounded -- Legal remedy under the provisions of the Act doubtful -- Extraordinary jurisdiction of the High Court, whether can be invoked -- Held yes -- Writ -- Order of assessment not suffering from lack of jurisdiction -- Extraordinary jurisdiction of the High Court, whether can be invoked to decide the merit of assessment -- Held no --Mistake apparent from record of assessment -- Order of assessment rectified under section 35 -- Effect -- Original order of assessment gets substituted by order of rectification -- Assessee, held, entitled to appeal under section 30 or section 33 from such an order -- Alternate remedy by way of appeal not availed in time due to genuine misconception of law -- Admission of time-barred appeal doubtful remedy resting entirely within discretion of appellate authority -- Petition under Article 98 entertained -- Rectification of assessment order -- Mistake found apparent from record of assessment -- Income-tax Officer, held, legally entitled and justified in making corrections under section 35 - JUDGMENT SALAHUDDIN AHMED J.- In this Rule Nisi the Petitioner has challenged certain proceedings and action taken against it under Section 35 of the Income-tax Act (XI of 1922) hereinafter called the Act. The petitioner is a private limited company registered under the Companies Act, 1913 having its registered office at Chittagong. It carries on business of water transport service by plying motor launches in different lines in the…

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