1958 (4) TMI 4 - SC - Income Tax

Whether an order which was proper and valid when it was made can be said to disclose a mistake apparent from the record if the said order would be erroneous in view of a subsequent amendment made by the Amendment Act when the Amendment Act is intended to operate retrospectively ?

Held that:- The High Court of Bombay was in error in coming to the conclusion that the notice issued by the Income-tax Officer calling upon the respondent to pay the sum of ₹ 29,446-9-0 was not warranted by law. The result is the order passed by the High Court issuing a writ against the appellants is set aside and the appeal is allowed