The respondents challenged the validity of the orders rectifying the assessments, before the High Court of Bombay as mentioned earlier.
Mitra J. Ramamurthi, R. N. Sachthey and B. D. Sharma for the Appellant.
Appeal from the judgement and order dated February 3, 6, 1967 of the Bombay High Court in Misc.
C. Chagla, N.A. Palkhivala, Bhuvanesh Kumari, J. B. Dadachanji and Ravinder Narain for the respondent.
In the individual assessments of the partners for their respective share in the income of the firm was included and assessed at the maximum rates since their assessments were made in the status of number resident.
Therein the respondents challenged the validity of the orders of rectification made by the Income tax Officer, Company Circle, Bombay in the assessments of the respondents for the assessment years 1958 59, 1960 61, 1961 62 and 1962 63 under S. 154 of the Income tax Act, 1961.
On February, 11, 1965, the first respondent firm was served with numberices dated January 29, 1965 by the Income tax Officer intimating to it that in its assessments for the assessment years 1958 59, 1960 61 , 1961 62 and 1962 63, there are mistakes apparent from the record inasmuch as the firm had number been charged at the maximum rates of income tax under S. 17 1 of the Indian Income tax Act, 1922 and therefore he proposes to rectify those assessments under S. 154 of the Income tax Act, 1961.
In the original assessments of the firm for the companycerned assessment years assessments were made on the salb rates prescribed under the respective Finance Acts applicable to registered Firms.
Respondents Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2 and 3 are the partners in the first respondent firm.
Petition No.
Petition No.
The respondents in their reply to those numberices denied that there was any mistake apparent or otherwise in those orders of assessment.
The Income tax Officer did number accept the companytention of the respondents and assessed them by applying the provisions of S. 17 i of the 1922 Act.
The Judgment of the Court was delivered by Hegde, J. This appeal by certificate arises from the decision of the High Court of Bombay in Misc.
They disputed the Income tax Officers authority to make any companyrection.
The first respondent firm was duly registered under the Indian Income tax Act 1922 as well as under the Income tax Act 1961.
That was a petition under Art.
104 of 1965.
104 of 1968 on its file.
1170 of 1968.
