2026 (5) TMI 1564

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....rders as this Hon'ble Court deems fit to be granted in the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioners would reiterate the various contentions urged in the petition and submits that the final order dated 28.10.2025 contains an error apparent on the face of the record inasmuch as the CBT Circular No.19 of 2024 comprising of Guidance Note 2/2024, in particular, FAQ No.47 has not been considered by this Court since the same was not brought to the notice of this Court at the time of disposal of the petition. It is submitted that having regard to the I....

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..... A perusal of the material on record will indicate that the various contentions urged by both sides have been considered by this Court while passing the final order, as hereunder: "In this petition, petitioner seeks for the following reliefs:- "a) Quashing the certificate in Form-2 dated 28.07.2025 issued by the Respondents under Section 92 of the Finance Act (No. 2), 2024 bearing DIN 480741901280725 (Annexure 'J') for the assessment year 2015-16; b) Directing the Respondents to issue a fresh certificate in Form-2 under Section 92 of the Finance Act (No. 2), 2024 for the assessment year 2015-16, by taking into account the tax payable at Rs. 6,51,40,540/-, i.e., one-half of the tax payable on the transfer ....

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....dents. Aggrieved by the same, petitioner filed an appeal which was disposed of by the ITAT vide final order dated 05.08.2022 answering certain issues in favour of the petitioner and remitted the matter back to the Assessing Officer in relation to the remaining issues. Aggrieved by the order of the ITAT insofar as answering issues in favour of the petitioner, respondents have preferred an appeal before this Court in ITA No.130/2023, which is pending adjudication. 4. In the meanwhile, during the pendency of the said appeal, a scheme known as 'Direct Tax Vivad Se Vishwas Scheme, 2024' (for short 'the DTVSV scheme') was promulgated in July, 2024, pursuant to which, the petitioner filed Declaration in Form-1 on 20.12.2024. In pursuance ....

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....g the aforesaid Form-2 will indicate that the 1st respondent clearly fell in error in issuing the impugned Form-2 on the basis of the OGE dated 28.07.2025, based on Annexure-H the OGE dated 26.03.2025, which is clearly illegal and impermissible in law and so also, since the rectification applications filed by the petitioner are still pending consideration, I deem it just and appropriate to set aside the impugned Endorsement and dispose of this petition by issuing certain directions for disposal of the rectification application filed by the petitioner. 7. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned certificate at Annexure-J in Form-2 dated 28.07.2025 issued by th....

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....cer -2023 SCC Online SC 1406, wherein it is held as under:- 16. The gist of the afore-stated decisions is that:- (i) A judgment is open to review inter alia if there is a mistake or an error apparent on the face of the record. (ii) A judgment pronounced by the Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so. (iii) An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying the court to exercise its power of review. (iv) In exercise of the jurisdiction under Order 47 Rule 1 CPC, it is not ....