Section 35. Rectification of mistakes

1[ 35. Rectification of mistakes.— (1) With a view to rectifying any mistake apparent from the record— (a) the[2] [Assessing Officer] may amend any order of assessment 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[2] [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 rectification were a rectification of a mistake apparent from the record. (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[12] [Valuation Officer or the[13] [Deputy Commissioner (Appeals)]][14] [or the Commissioner (Appeals)] or the Appellate Tribunal, by the[2] [Assessing Officer] 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 reasonable opportunity of being heard. 1. Subs. by Act 46 of 1964, s. 32, for section 35 (w.e.f. 1-4-1965). 2. Subs. by Act 4 of 1988, s. 127, for "Wealth-tax Officer" (w.e.f. 1-4-1988). 3. Subs. by Act 27 of 1999, s. 97, for clause (aa) (w.e.f. 1-6-1999). Earlier clause (aa) was inserted by Act 4 of 1988, s. 151 (w.e.f. 1-4-1989). 4. Ins. by Act 45 of 1972, s. 15 (w.e.f. 1-1-1973). 5. Clause (aa) renumbered as clause (aaa) therof by Act 4 of 1988, s. 151 (w.e.f. 1-4-1989). 6. Subs. by Act 4 of 1988, s. 160, for clause (b) (w.e.f. 1-4-1989). 7. Subs. by Act 21 of 1998, s. 66, for "Deputy Director" (w.e.f. 1-10-1998). 8. Subs. by s. 66, ibid., for "Deputy Commissioner" (w.e.f. 1-10-1998). 9. Subs. by Act 4 of 1988, s. 160, for clauses (d) and (e) (w.e.f. 1-4-1989). Earlier clause (c) was omitted by Act 41 of 1975, s. 99 (w.e.f. 1-4-1976). 10. Ins. by Act 10 of 2000, s. 76 (w.e.f. 1-6-2000). Earlier it was omitted by Act 3 of 1989, s. 74 (w.e.f. 1-4-1989). 11. Ins. by Act 18 of 1992, s. 97 (w.e.f. 1-4-1993). 12. Subs. by Act 45 of 1972, s. 15, for "Appellate Assistant Commissioner" (w.e.f. 1-1-1973). 13. Subs. by Act 4 of 1988, s. 127, for "Appellate Assistant Commissioner" (w.e.f. 1-4-1988). 14. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978). (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[1] [Assessing 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. 2[(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[1] [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),[3] [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,[4] [from the end of the financial year in which the order sought to be amended was passed]. 2[(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[1] [Assessing Officer] 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 relation to any matter other than the matter which has been so considered and decided.] 5 [ 35A. Wilful attempt to evade tax, etc.— (1) If a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable,— (i) in a case where the amount sought to be evaded exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine. (2) If a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provisions of this Act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and shall, in the discretion of the court, also be liable to fine. (b) makes, or causes to be made, any false entry or statement in such books of account or other documents, or (c) wilfully omits, or causes to be omitted, any relevant entry or statement in such books of account or other documents, or (d) causes any other circumstances to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof.