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TMI Blog1973 (1) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... re is an estoppel in regard to rectification of assessment" – Held, no, If a bona fide mistake has been committed in an assessment, it is open to the department to rectify the mistake - - - - - Dated:- 18-1-1973 - Judge(s) : K. SADASIVAN., P. GOVINDAN NAIR. JUDGMENT The judgment of the court was delivered by GOVINDAN NAIR J.-The question referred, is : " Whether the Income-tax Appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertaining to the assessment year 1959-60 and therefore included the income of Rs. 8,730 in his return, for the year 1960-61 he actually omitted the sum of Rs. 8,730. The assessment was made for the year 1960-61 by the Income-tax Officer on the basis of an estimate. The assesee appealed to the Appellate Assistant Commissioner and contended that the estimate made related to the turnover not only for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he turnover for the accounting period relating to the assessment year 1960-61. Accordingly, the Tribunal reversed the decision of the Appellate Assistant Commissioner and omitted the deduction of Rs. 8,730. The question referred to us, it is said, is based on the supposed principle that the department ought not to have been permitted to go back on what it once said. We do not think that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the affirmative, that is, against the assessee and in favour of the department. We direct the parties to bear their respective costs. A copy of this judgment under the seal of the High Court and the signature of the Registrar will be sent to the Appellate Tribunal as required by sub-section (1) of section 260 of-the Income-tax Act, 1961. Question answered in the affirmative. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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