2018 (9) TMI 401

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....led by M/s. Om Shakthi Agencies (Madras) Pvt. Ltd. before the Tribunal for rectification of the financial statement of return. In the said case, the Central Government was not impleaded as party-respondent, but the appellant - Regional Director, Southern Region of the Ministry of Corporate Affairs, Chennai and Registrar of Companies, Tamil Nadu impleaded as respondent. The case was heard and order under Section 131 was passed on 27th March, 2018 with the following observations: "Counsel for the Petitioner present. Counsel for IT Department present. Counsel for RoC also present. As seen from the Order dated 07. 02. 2018, the Registry was directed to issue the notice to RD, RoC, IT Authorities and the Counsel for the Petitioner was a....

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....5. 12. 2017. Accordingly, the Application stands disposed of. " 2. Learned counsel appearing on behalf of the appellant submitted that the Tribunal without impleading the Central Government as party-respondent or passed orders on the appellant, Regional Director, Southern Region who has not been empowered to deal with the subject matter. When the matter was brought to the notice of the Tribunal, right to file objection by appellant was forfeited. 3. Learned Senior Counsel appearing on behalf of the respondent submitted that the Regional Director, Southern Region, Ministry of Corporate Affairs, Chennai represents the Central Government but such submission cannot be accepted as the Regional Director has not been empowered to pa....

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....e company in general meeting, the revisions must be confined to- (a) the correction in respect of which the previous financial statement or report do not comply with the provisions of section 129 or section 134; and (b) the making of any necessary consequential alternation. (3) The Central Government may make rules as to the application of the provisions of this Act in relation to revised financial statement or a revised director's report and such rules may, in particular- (a) make different provisions according to which the previous financial statement or report are replaced or are supplemented by a document indicating the corrections to be made; (b) make provisions with respect to the funct....