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2018 (9) TMI 401 - AT - Companies LawRectification of the financial statement of return - Held that:- Proviso to clause (2) of Section 131 show that the Tribunal is to give notice to the Central government and the Income-Tax Authority. Clause (3) therein makes it clear that the Central Government is empowered to make rules as to the application of the provisions of the Act in relation to revised financial statement or a revised director’s report and making different provisions according to which previous financial statements or reports are replaced or are supplemented by the documents and to make further provisions with respect to the functions of the company’s auditor. It is informed that no such Rule has been framed empowering the Regional Director, Southern Region, Chennai and decide such issue. In the present case, we find that the Tribunal not only failed to notice the aforesaid provision but on wrong presumption forfeited the right of the appellant to file the reply, which was uncalled for. We hope and trust in future the Tribunal will not act in such manner by forfeiting the right of a person to file reply. We set aside the impugned order and allow the respondent/applicant to implead the Central Government, through its Secretary, Ministry of Corporate Affairs, 5th Floor, ‘A’ Wing, Shastri Bhawan, Dr. R. P. Road, New Delhi, as party-respondent in the petition. If such an application for impleadment is filed, the Tribunal will allow prayer for impleadment it and after notice to the Central Government and other necessary parties will pass appropriate order in accordance with law.
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