35. Rectification of mistake.—(1)
[The Commissioner or
[Appellate Assistant Commissioner] may, at any time
[within four years] from the date of any order passed by him in appeal or, in the case of the Commissioner, in revision under
[section 33A] and] the Income-tax Officer may, at any time
[within four years] from the date of any
[assessment order
[or refund order] passed by him] on his own motion rectify any mistake apparent from the record
[of the appeal, revision,
[assessment or refund] as the case may be], and shall within the like period rectify any such mistake which has been
[brought to his notice by an assessee]:Provided that no such rectification shall be made, having the effect of enhancing an assessment
[or reducing a refund] unless
[the Commissioner, the
[Appellate Assistant Commissioner] or the Income-tax Officer, as the case may be], has given notice to the assessee of his intention so to do and has allowed him a reasonable opportunity of being heard :
[Provided further that no such rectification shall be made of any mistake in any order passed more than one year before the commencement of the Indian Income-tax (Amendment) Act, 1939.]
[(2) The provisions of sub-section (1) apply also in like manner to the rectification of mistakes by the Appellate Tribunal.]
[(3)] Where any such rectification has the effect of reducing the assessment, the Income-tax Officer shall make any refund which may be due to such assessee.
[(4)] Where any such rectification has the effect of enhancing the assessment
[or reducing a refund] the Income-tax 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 29, and the provisions of
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