Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1996

Supreme Court of India · 1996-07-15

POOTHUNDU PLANTATIONS PVT.LTD. vs AGRL.INCOME TAX OFFR.,

Citation / case number
SC 1994/76202
Court
Supreme Court of India
Petitioner
POOTHUNDU PLANTATIONS PVT.LTD.
Respondent
AGRL.INCOME TAX OFFR.,
Author
S.C. SEN
Bench
S.C. SEN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 36 of the Kerala Agricultural Income Tax Act regarding the rectification of mistakes apparent on the record. The Court held that only apparent errors of fact or law can be rectified, and if the error requires interpretation of the law, it is not rectifiable under Section 36. The Court concluded that the Assistant Appellate Commissioner's reliance on a Supreme Court decision to claim an error was not valid, as the interpretation of Section 12 of the Kerala Act is not identical to Section 24 of the Indian Income Tax Act, and thus the matter should be referred to a larger bench for clarity.

POOTHUNDU PLANTATIONS PVT.LTD. vs AGRL.INCOME TAX OFFR., · Niyam