https://www.taxtmi.com/caselaws?id=632 A binding declaration of law by the Supreme Court or jurisdictional High Court operates retrospectively as the correct legal position, so a Tribunal order contrary to that declaration contains an error apparent from the record. On that basis, non-consideration of the later binding decisions could be corrected under rectification powers under Section 35C(2) of the Central Excise Act, 1944. The Tribunal concluded that its earlier Larger Bench view in Gujarat State Fertilizers & Chemicals could not survive after the later superior court rulings, and answered the reference in the affirmative. en-us Mon, 28 Aug 2006 00:00:00 +0530 Mon, 23 Oct 2023 13:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=632 A binding declaration of law by the Supreme Court or jurisdictional High Court operates retrospectively as the correct legal position, so a Tribunal order contrary to that declaration contains an error apparent from the record. On that basis, non-consideration of the later binding decisions could be corrected under rectification powers under Section 35C(2) of the Central Excise Act, 1944. The Tribunal concluded that its earlier Larger Bench view in Gujarat State Fertilizers & Chemicals could not survive after the later superior court rulings, and answered the reference in the affirmative. Case-Laws Central Excise Mon, 28 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=632