Just a moment...
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 miscellaneous application seeking rectification of the final order disclosed any mistake apparent on the face of the record warranting recall or modification of the order.
Analysis: The application sought reconsideration of several factual and legal contentions said to have been omitted from the earlier order, including limitation, applicability of extended period, and taxability of the services in question. The Tribunal held that the earlier final order had already considered the arguments cumulatively and had remanded the matter for de novo adjudication in the light of the law laid down by the Supreme Court. It further held that rectification cannot be used as a disguise for review, and that only patent, manifest and self-evident errors can be corrected under the rectification jurisdiction. The grievances raised required re-appraisal of evidence and law, which is impermissible in rectification proceedings.
Conclusion: No mistake apparent on the face of the record was shown, and the request for recall or reconsideration was not maintainable.
Final Conclusion: The rectification application was rejected, leaving the earlier remand order intact and permitting the applicant to raise the disputed contentions before the adjudicating authority in the de novo proceedings.
Ratio Decidendi: Rectification jurisdiction is confined to patent errors apparent on the record and cannot be invoked to seek review or re-appreciation of evidence and arguments already considered.