Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the modification application could be allowed on the ground that the stay order suffered from an error apparent on the face of the record and required rectification under the Tribunal's procedural powers.
Analysis: The application sought reconsideration of the stay order on factual and legal merits, including the recording of captive consumption, inclusion of expenses in assessable value, alleged omission to consider limitation, and the supposed admission by a witness. The Tribunal held that none of these grounds disclosed any glaring clerical, numerical, or patent mistake. A wrong conclusion on merits is not a mistake apparent from the record, and rectification cannot be used to reopen appreciation of evidence or reargue the case.
Conclusion: The modification application was not maintainable on the pleaded grounds and was rejected.
Ratio Decidendi: Rectification is confined to patent mistakes apparent from the record and cannot be invoked to obtain reconsideration on merits or reappreciation of evidence.