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    <title>2024 (5) TMI 1637 - ITAT MUMBAI</title>
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    <description>Non-consideration of a binding High Court decision and the statutory effect of the rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985 was treated as a mistake apparent from the record. The Tribunal noted that its earlier order had not considered the cited precedent or the Act&#039;s overriding effect over inconsistent laws, including the departmental circulars on fiscal concessions for sick industrial companies. Because that omission was material to the controversy, the error required correction by recall of the earlier order for fresh consideration. The miscellaneous application was therefore allowed, and the matter was reopened.</description>
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      <description>Non-consideration of a binding High Court decision and the statutory effect of the rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985 was treated as a mistake apparent from the record. The Tribunal noted that its earlier order had not considered the cited precedent or the Act&#039;s overriding effect over inconsistent laws, including the departmental circulars on fiscal concessions for sick industrial companies. Because that omission was material to the controversy, the error required correction by recall of the earlier order for fresh consideration. The miscellaneous application was therefore allowed, and the matter was reopened.</description>
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