Law: Income Tax Ordinance, 2001

Section: 156

Law: Partnership Act, 1932

Section: 19(2)(b)

Income Tax Ordinance (XXXI of 1979)----S. 156---Partnership Act, (IX of 1932), S. 19(2)(b)---Rectification of mistake---Association of persons---Bank account in the name of partner---Department contended that no partner was allowed to open a bank account in his own name on behalf of the firm under the provisions of S.19(2)(b) of the Partnership Act, 1932 and such mistake in Income Tax Appellate Tribunal's order was apparent and the order was clearly rectifiable on the mistake of facts and law---Appellate Tribunal had mistakenly held that partner of the firm was maintaining bank accounts on authorization of Association of Persons/Firm in the name of Firm, declared in Association of Person's name, which was allegedly detected by the Assessing Officer---Copy of Account Opening Form was furnished and contended that bank accounts were opened in the name of partner instead of Association of Persons/Firm---Validity---Held, it was not a focal point at the time of hearing that partner of the firm had opened bank account in his name without authorization of Association of Persons/Firm whereas the vital objection at that time was that partner of the firm could not operate bank accounts on behalf of the Association of Persons/Firm---Department came up with new set of arguments with the support of additional evidence, which did not form the subject-matter of the case till hearing before Appellate Tribunal---Department was pressing with fresh arguments on the basis of a document of account opening Form for consideration and reassessment of the matter, which did not fall within the scope of rectification under S.156 of the Income Tax Ordinance, 1979---If a mistake which had to be discovered by a long-drawn process of reasoning of examining arguments on points where there may conceivably be two opinions could not be said to be a mistake or error which was apparent from record---Apparent error must be from the record of the assessee and not an error discovered from other sources---No mistake was floating on the surface of Appellate Tribunal's order---Rectification application was declined by the Appellate Tribunal being devoid of legal force. (1962) 5 Tax 126 (Trib.); I.T.As.…

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