Case Law Details
Exercise of power to rectify an error apparent from the record is conferred upon the Income-tax Officer in aid of enforcement of a right. The Income-tax Officer is an officer concerned with assessment and collection of revenue, and the power to rectify the order of assessment conferred upon him to ensure that injustice to the assessee or to the Revenue may be avoided. It is implicit in the nature of the power and its entrustment to the authority invested with quasi-judicial functions under the Act, that exercise of the power was discretionary and the Income-tax from the record is brought to his notice by a person concerned with or interested in the proceeding. When mistake apparent from record is bought to the notice of Assessing Officer, he is mandatorily bound to pass such order. [ Hirday Narain (L) V ITO (1970) 78 ITR 26 (SC)].
Supreme Court of India
Hirday Narain
Vs.
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