Section 35 - Rectification of mistakes - Wealth Tax Act, 1957

1 [ Rectification of mistakes. 35. (1) With a view to rectifying any mistake apparent from the record (a) the 2 [Assessing Officer] may amend any order of assess ment or of refund or any other order passed by him; 3 [(aa) a wealth-tax authority may amend any intimation or deemed intimation under sub-section (1) of section 16;] 4 [ 5 [(aaa)] the Valuation Officer may amend any order passed by him under section 16A;] 6 [(b) the 7 [Joint] Director or 8 [Joint] Commissioner or Director or Commissioner or Deputy Commissioner (Appeals) or Commissioner (Appeals) may amend any order passed by him under section 18A;] 9 [(c) the Deputy Commissioner (Appeals) or Commissioner (Appeals) may amend any order passed by him under section 23 10 [or section 23A]; (d) the Commissioner may amend any order passed by him under section 25; (e) the Appellate Tribunal may amend any order passed by it under section 24.] (2) Where the amount of tax, penalty or interest determined as a result of the first appeal or revision against the order referred to in sub-clause (iii) of clause (m) of section 2 11 [,as it existed immediately before its amendment by the Finance Act, 1992,] is paid within six months of the date of the order passed in such appeal or revision, the 12 [Assessing Officer] may, notwithstanding anything to the contrary in this Act, rectify the assessment by allowing a deduction to the extent the tax, penalty or interest so paid stood disallowed therein as if such rectifi cation were a rectification of a mistake apparent from the re cord. (3) Subject to the other provisions of this section, the authority concerned (a) may make an amendment under sub-section (1) or sub-section (2) of its own motion; (b) shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the 13 [Valuation Officer or the] 14 [Deputy Commissioner (Appeals)] 15 [or the Commissioner (Appeals)] or the Appellate Tribunal, by the 16 [Assessing Offi cer] also. (4) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasona ble opportunity of being heard. (5) Where an amendment is made under this section, an order shall be passed in writing by the wealth-tax authority concerned or the Tribunal, as the case may be. (6) Where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the 17 [Assess ing Officer] shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be issued under section 30 and the provisions of this Act shall apply accordingly. 18 [(6A) Where any amendment made by the Valuation Officer under clause (aa) of sub-section (1) has the effect of enhancing the valuation of any asset, he shall send a copy of his order to the 19 [Assessing Officer] who shall thereafter proceed to amend the order of assessment in conformity with the order of the Valuation Officer and the provisions of sub-section (6) shall apply accordingly.] (7) No amendment under this section shall be made after the expiry of four years (a) in the case of an amendment under sub-section (2), 20 [from the end of the financial year in which the order was passed in the first appeal or revision] referred to in that sub-section; and (b) in any other case, 21 [from the end of the financial year in which the order sought to be amended was passed]. 22 [(7A) Notwithstanding anything contained in sub-section (7), where the valuation of any asset has been enhanced by the Valuation Officer under this section, the consequential amendment to the order of assessment may be made by the 23 [Assessing Offi cer] at any time before the expiry of one year from the date of the order of the Valuation Officer under this section.] (8) Where any matter has been considered and decided in a proceeding by way of an appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any other law for the time being in force, amend the order under this section in rela tion to any matter other than the matter which has been so con sidered and decided.] ---------------------- Notes:- 1. Substituted vide Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 2. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 3. Substituted vide Finance Act, 1999, w.e.f. 1-6-1999. Before substitution, clause ( aa ), as inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989, read as under: "( aa ) a wealth-tax authority may amend any intimation sent by it under sub-section (1) of section 16 or enhance or reduce the amount of refund granted by it under that sub-section;" 4. Inserted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. 5. Relettered vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 6. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Before substitution clause ( b ), as amended by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978, stood as under: "( b ) the Deputy Commissioner (Appeals) or the Commissioner (Appeals) may amend any order passed by him under section 18 or under section 23;" 7. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- "Deputy" 8. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- "Deputy" 9. Substituted for clauses ( d ) and ( e ) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Before substitution, clauses ( d ) and ( e ) stood as under: "( d ) the Chief Commissioner or Commissioner may amend any order passed by him under section 18 or under section 25; ( e ) the Appellate Tribunal may amend any order passed by it under section 18 or under section 24." Original clause ( c ) was omitted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976. 10. Inserted vide Finance Act, 2000, w.e.f. 1-6-2000. Earlier words "or section 23A" were omitted by the Direct Tax Laws (Amendment) Act,1989, w.e.f. 1-4-1989. 11. Inserted vide Finance Act, 1992, w.e.f. 1-4-1993. 12. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:-"Wealth-tax Officer" 13. Inserted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. 14. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.before it was read as:- "Appellate Assistant Commissioner" 15. Inserted vide Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 16. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 17. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:-"Wealth-tax Officer" 18. Inserted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. 19. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:-"Wealth-tax Officer" 20. Substituted vide Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. Before it was read as:- "from the date of the order passed in the first appeal or revision" 21. Substituted vide Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. Before it was read as:- "from the date of the order sought to be amended" 22. Inserted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. 23. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer"