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2018 (11) TMI 1405 - AT - Companies LawNCLT's power of review - Held that:- Error apparent on the face of record means an error which strikes on mere looking and does not need long drawn out process of reasonings on points where there may conceivably be two opinions. If the present matter is seen, it cannot be compared with the facts of the matter of Assistant Commissioner, Income Tax. A biding Judgement of the Hon’ble High Court was there which had found Trust entitled to exemption which Judgement had not been noticed by the Income Tax Appellate Tribunal. When the same was brought to the notice of the Tribunal, it accepted that it was error apparent on the face of record. If a Trust is entitled to exemption has been held by the High Court, in the jurisdiction of the High Court in view of Article 227 of the Constitution of India, it would be the applicable law. It would have to be applied universally in that jurisdiction and pointing out the assessee to be Trust would be enough. However, in the matter of delay and latches, it is always mixed question of law and facts. Going through the Impugned Judgement of the NCLT, we find that it is very well reasoned and there is no error in the Judgement. The NCLT has rightly concluded that it could not review the Judgement dated 29th May, 2017 and the effort to say that there is error apparent on record to recall the whole Judgement dated 29th May, 2017 and rewrite the same after taking note of the Judgements and arguments Appellants wanted to rely on, was clearly not acceptable. Such exercise cannot be said to be error apparent on the face of record in the set of facts which we have. There is no substance in these Appeals. Each of these Appeals is dismissed
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