Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
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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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