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2015 (6) TMI 15 - HC - VAT and Sales TaxRectification of mistake - Whether the Tribunal has committed an error or not in exercising the powers under Section 62 of the said Act which are analogous to Section 22 of the U.P. Trade Tax - Held that:- Rectification of an order does not mean obliteration of the order originally passed and its substitution by a new order - Tribunal while deciding the Second Appeal proceeds on a footing that the assessment in question was made under Section 33(3) of the said Act. However, the assessments were made in fact under Section 33(2) of the said Act. It could further be seen that even the lawyer who was representing the petitioner before the learned Tribunal in the rectification application, himself admitted that the original assessments were made under Section 33(2) and not under Section 33(3) of the said Act - Tribunal is very much justified in directing its earlier order to be recalled and directing the appeals to be heard after their restoration in accordance with the basis of accurately recorded facts. No doubt, as held by the Division Bench, the power of recall cannot be resorted to review the order in the garb of rectification. However, if the learned Tribunal has passed the order on the basis of incorrect factual position, the learned Tribunal can very well pass the order after recording the correct factual position. - Decided against assessee.
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