Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The case involves a review petition filed in the Madhya Pradesh ...


Review petition filed seeking reconsideration of order dismissing appeal. Court held no grounds for review as no error apparent on record.

Case Laws     Income Tax

May 22, 2024

The case involves a review petition filed in the Madhya Pradesh High Court seeking to recall an order that dismissed an appeal due to the absence of substantial questions of law. The court held that a review application is maintainable for reasons such as the discovery of new evidence, a mistake or error apparent on the face of the record, or any other sufficient reason. The review power is distinct from appellate power and cannot be used to rehash old arguments. The court cited legal precedents to emphasize that a decision can only be reviewed if it contains an error evident on the face of the record, not merely because it is erroneous. Ultimately, the court found no error apparent on the face of the record to justify interfering with the impugned order.

View Source

 


 

You may also like:

  1. Seeking review - error apparent on the face of record or not - The High Court held that, these documents were not part of the pleadings. Review does not mean rehearing...

  2. Review petition - error on record - power to correct - earlier judgment suffers from error apparent on the face of record and is liable to be recalled/reviewed. The...

  3. Seeking review of order - error apparent on the face of record or not - The court acknowledged the existence of the amendment to Paragraph 9.3 of the Handbook of...

  4. Jurisdiction - power of Tribunal to review its own order - Power of Review has to be granted by statute and the ‘power of Review’ is not an inherent power and therefore...

  5. Review order - Maintainability of appeal - since all the impugned orders had been passed in the absence of the petitioner, who failed to avail the opportunity of being...

  6. Review of order - Levy of penalty - grounds for review are that the imposition of penalty by the authorities is not automatic and the same can be imposed only when there...

  7. Review Petition - The High court found no error apparent on the record to warrant entertaining the Review Petition. The grounds raised were deemed untenable and showed...

  8. Seeking amendment of shipping bills - inadvertent error in the Shipping bills - seeking to credit ROSCTL benefit amounts to the petitioner’s Customs E-Scrip Ledger - The...

  9. Review of Order after gap of 13 years - delay can be condoned or not - There is a period of one year provided as per the Act, 2003 for seeking review of any order passed...

  10. The High Court considered the scope of review jurisdiction regarding the inclusion of purchase price of plant and machinery in 'Fixed Capital Investment'. Review power...

  11. The circular clarifies that u/s 4.17 of Hand Book of Procedures-2023, AA holders can seek review of Norm's Committee decisions made before 01.04.2023 until 31.12.2024...

  12. Review petition - Validity of reopening of assessment - The High Court dismissed the review petitions seeking to challenge a common order dated 04.11.2022, which set...

  13. Power to review versus Power to rectify - cancellation of GST registration - the appellate authority erroneously exercised its power under Section 161 of the Act. The...

  14. Power of review - error apparent on the face of record or not - the very initiation of the review proceedings pursuant to Show Cause Notice dated 04.01.2011 was void ab...

  15. Rectification u/s 254 - error apparent on face of record - non-disposal of specific ground raised in the grounds of appeal is an error within the meaning of 254(2) -...

 

Quick Updates:Latest Updates