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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether the Tribunal could recall its final order dismissing the appeal on the basis of a BIFR-sanctioned scheme under section 32 of the Sick Industrial Companies (Special Provisions) Act, 1985, after the order had attained finality up to the Supreme Court.
Analysis: The restoration application was filed after substantial delay, and the dismissal of the appeal, the rejection of the restoration application, and the challenge before the High Court and Supreme Court had all concluded against the appellant. Section 32 of the Sick Industrial Companies (Special Provisions) Act, 1985 was held to operate where a sanctioned scheme has inconsistency with another law, but it does not confer power on BIFR to direct an appellate tribunal to reopen a matter that has already merged with orders of the High Court and Supreme Court. The Tribunal followed its earlier view that BIFR is not an appellate authority over the Tribunal and cannot require recall of a final order which has attained judicial finality.
Conclusion: The Tribunal held that the final order could not be recalled and that the restoration application was not maintainable.
Ratio Decidendi: A sanctioned BIFR scheme under section 32 of the Sick Industrial Companies (Special Provisions) Act, 1985 cannot override the finality and merger of judicial orders passed by a tribunal, a High Court, and the Supreme Court, nor confer jurisdiction on the tribunal to reopen such a concluded matter.
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