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    <title>Tribunal: Order based on binding precedent can&#039;t be recalled/reviewed due to later contrary higher court judgment. Final order can&#039;t be reopened u/s 254(2).</title>
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    <description>Tribunal held that an order passed following binding precedents cannot be recalled or reviewed based on a subsequent contrary judgment of a higher court. Once an order attains finality between parties, it cannot be reopened or reviewed u/s 254(2) due to a later overruling judgment. The power u/s 254(2) is akin to Order XLVII Rule 1 CPC and cannot be exercised beyond the scope of review under that provision. Consequently, the department&#039;s application seeking recall of the Tribunal&#039;s order based on a subsequent Supreme Court judgment was dismissed.</description>
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    <pubDate>Wed, 17 Jul 2024 08:05:45 +0530</pubDate>
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      <title>Tribunal: Order based on binding precedent can&#039;t be recalled/reviewed due to later contrary higher court judgment. Final order can&#039;t be reopened u/s 254(2).</title>
      <link>https://www.taxtmi.com/highlights?id=79463</link>
      <description>Tribunal held that an order passed following binding precedents cannot be recalled or reviewed based on a subsequent contrary judgment of a higher court. Once an order attains finality between parties, it cannot be reopened or reviewed u/s 254(2) due to a later overruling judgment. The power u/s 254(2) is akin to Order XLVII Rule 1 CPC and cannot be exercised beyond the scope of review under that provision. Consequently, the department&#039;s application seeking recall of the Tribunal&#039;s order based on a subsequent Supreme Court judgment was dismissed.</description>
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      <pubDate>Wed, 17 Jul 2024 08:05:45 +0530</pubDate>
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