Section 35 of the Indian Income-tax Act, 1922

Section 35 of the Indian Income-tax Act, 1922 — the law in short

What the courts have decided on section 35 of the Indian Income-tax Act, 1922, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.

• CIT, Kanpur v M/s Motilal Duli Chand High CourtHelps taxpayerValidity unconfirmed
  The Supreme Court has since decided the point the other way. Can the Tribunal recall its order, or is that a review?
  The Allahabad High Court held it is not a review. Where the Tribunal decided on the strength of an earlier Supreme Court decision and the Supreme Court has since interpreted the law differently, the Tribunal's order suffers from a mistake apparent from the record and a rectification application under s.254(2) is maintainable. The Court relied on CBDT Circular No. 68 dated 17 November 1971 and on Saurashtra Kutch Stock Exchange.

Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.