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Commissioner of Income Tax Versus H.P. State Industrial Development Corpn. Ltd.

2015 (11) TMI 126 - HIMACHAL PRADESH HIGH COURT

Review petition - revenue invoking the provisions of Section 114 read with order 47 Rule 1 of CPC to contend that there is an error apparent on the record in the judgments passed by this Court on 24.5.2014? - whether Section 115 JB provides that any amount credited to the profit and loss account on account of amounts withdrawn from the reserve or provision had to be reduced from the book profit with an exception that if such reserve or provision is out of reserve created prior to or before 1.4.1 .....

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pellate court which alone is in a position to correct the error committed by the subordinate courts by virtue of power of appeal conferred on the said court by some statute, of course subject to the exception that the error is otherwise apparent on the face of record and not an error which has to be fished out and searched. Under the guise of review, the parties are not entitled to re-hearing and this Court while exercising power of review cannot sit in appeal over its own order.

Havi .....

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J. For the Petitioner : Mr. Vinay Kuthiala, Sr. Adv. with Ms. Vandana Kuthiala, Adv For the Respondent : Mr. Vishan Mohan and Mr. Aditya Sood, Advs JUDGMENT Tarlok Singh Chauhan, J. The Revenue has filed these review petitions by invoking the provisions of Section 114 read with order 47 Rule 1 of CPC to contend that there is an error apparent on the record in the judgments passed by this Court on 24.5.2014. 2. The review of judgment has primarily been sought on the ground that this court while p .....

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f review is first required to be borne-in-mind. 4. This Bench had already considered the scope of judicial review in (i) M/s Harvel Agua India Pvt Ltd Vs. State of HP & ors, Review Petition No.4084 of 2013 decided on 9.7.2014; (ii) K.P. Singh Vs. High Court of HP & ors, Civil Review No.2 of 2012, decided on 12.11.2014 and recently in Rajinder & ors Vs. Gokal Chand, review petition No.91/2015 decided on 12.8.2015, wherein after referring to the case law, this Bench has culled out cert .....

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of old and overruled argument is not enough to reopen concluded adjudications. (ii) Minor mistakes of inconsequential import. (iii) Review proceedings cannot be equated with the original hearing of the case. (iv) Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. (v) A review is by no means an appeal in disguise whereby an erroneous decision is re-heard and corrected but lies only for patent err .....

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aintainable on the basis of a subsequent decision/judgment of a coordinate or larger Bench of the Court or of a superior Court. (xi) While considering an application for review, court must confine its adjudication with regard to the material which was available at the time of initial decision. The happening of some subsequent event or development cannot be taken note of for declaring the initial order/decision as vitiated by an error apparent. (xii) Mere discovery of a new or important matter or .....

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Hon'ble Supreme Court in Indo Rama's case (supra) has been considered in detail in paragraphs 25 to 33 of the judgment and it is after taking into consideration the aforesaid provision and judgment of the Hon'ble Supreme Court that the following conclusion has been arrived at:- "34. Therefore, in view of the discussions above, it can be safely concluded that Section 115 JB of the Act, provides that any amount credited to the profit and loss account on account of amounts withdra .....

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