Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Section 420 of the Companies Act confers only a limited power on the Tribunal to rectify a mistake apparent from the record within the prescribed period; it does not give a party a right to seek review or reconsideration on merits. An application styled as rectification but directed at recalling disclosure, attachment and restraint directions was treated as a review petition in substance and held not maintainable. The Appellate Tribunal relied on the principle that an error requiring reappraisal or a different view on merits is not a patent mistake capable of rectification. The refusal to recall the earlier order was therefore upheld and the appeal dismissed.
Section 420 of the Companies Act confers only a limited power on the Tribunal to rectify a mistake apparent from the record within the prescribed period; it does not give a party a right to seek review or reconsideration on merits. An application styled as rectification but directed at recalling disclosure, attachment and restraint directions was treated as a review petition in substance and held not maintainable. The Appellate Tribunal relied on the principle that an error requiring reappraisal or a different view on merits is not a patent mistake capable of rectification. The refusal to recall the earlier order was therefore upheld and the appeal dismissed.
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