TMI Blog1989 (1) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... n time. In computing the penalties, the Wealth-tax Officer applied the law in force both before April 1, 1969, and after April 1, 1969, treating the default as a continuing offence. The, Tribunal confirmed the imposition of penalty by its order passed on March 6, 1975. The Tribunal, in affirming the order of imposition of penalties, referred to and relied on its decision in the case of T. K. Roy. The decision in T. K. Roy came to be challenged before this court wherein the view taken by the Tribunal was not upheld. (See [1973] 115 ITR 746). The decision was rendered on April 3, 1978. After this decision, the assessee approached the learned Tribunal to reduce the penalties imposed under section 18(1)(a) of the Act in conformity with the deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... para 18 of the judgment. Though it was also stated in para 12 that the petitioners having abandoned their cases years ago could not be allowed to revive the same on the argument that the correct position was not known to the petitioners at that time when they abandoned their litigation, Sri Sen submits that these observations were made while considering the cases of the petitioners under article 32 of the Constitution and the same would not apply while deciding case under section 35 of the Act. We are in agreement with learned counsel. Coming to the second ground given by the learned Tribunal, it is urged by Shri Sen that the present was definitely a case of a mistake apparent from the record inasmuch as T. K. Roy's case [1978] 115 ITR 74 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take of law can be rectified under section 35 as much as mistake of fact apparent from the record. Being satisfied that a subsequent event can be taken note of and that glaring and obvious mistake of law can also be rectified under the provisions of section 35 of the Indian Income-tax Act, 1922, whose language is in pari materia with section 35 of the Act, we are satisfied that pursuant to the decision of this court in T. K. Roy [1978] 115 ITR 746, which formed part of the record of the present case also, the assessee had rightly approached the Tribunal to rectify the orders imposing penalties on him in tune with the decision of this court in T. K. Roy [1978] 115 ITR 746. In the result, the petition is allowed and the learned Tribunal i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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