AIR 1996 SUPREME COURT 3427 ::1996 AIR SCW 3007 ::1996 TAX. L. R. 705 ::(1996) 66 ECR 224 ::(1996) 134 CurTaxRep 593 ::1996 (9) SCC 499 ::1996 (221) ITR 557 ::(1996) 2 Ker LT 499 ::(1996) 87 Taxman 286 ::1996 (135) Taxation 118 ::(1996) 6 JT 601 (SC) ::1996 (6) JT 601

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): B. P. Jeevan Reddy, S. C. Sen , JJ

(A) Rectifiable error - Mistake of law required to be established by construing words of a Section to find its true meaning - Such an error cannot normally be a rectifiable error. Kerala Agricultural Income-Tax Act (22 of 1950) , S.36— (Para 4) (B) Error apparent on record - Supreme Court construing meaning of Section and some other authority giving decision contrary to it - It is erroneous and such error has to be treated as error apparent on record. Kerala Agricultural Income-Tax Act (22 of 1950) , S.36— (Para 6) (C) Rectifiable error apparent on record of case - Question arising as to whether High Court should interpret S. 12 of Kerala Agricultural Income-tax Act in the manner in which Supreme Court interpreted S. 24 of I. T. Act - Single Judge indeed referring question to larger Bench - This very fact itself shows that error was not a rectifiable error - Demonstration that meaning of two sections is same, possible - Immaterial. Kerala Agricultural Income-Tax Act (22 of 1950) , S.36— (Para 6) (D) Carry forward of loss - Scope of Section 12 - Judgment of Supreme Cour....