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TMI Blog2021 (1) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... y itself through the present Application has admitted that it had filed the requisite clarifications/ documents on 17.10.2020, whereas the last date notified to file the same was till 08.10.2020. Further, the clarifications were sought from the Applicant Company not from the Income Tax Department. Hence, there is no mistake apparent on the face of record in the order dated 21.10.2020, which may require any rectification. The review of the order dated 21.10.2020 or consideration of documents at this stage is not permissible under law. There is no mistake apparent on the face of record in the order dated 21.10.2020, which may require any rectification - The Application, being devoid of merits, is Dismissed. - CA No. 780 of 2020 in Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d only the Balance Sheets from the Financial year 2015-16 to 2018-19 prepared subsequently to the date of Striking off. There is nothing else submitted on record to indicate that the Appellant Company was in operation at the time of striking off. 2) In view of the above, the Appellant Company is directed to submit the following : a) The Bank statement from the year 2017 to 2019. b) Any other document viz, IT Returns for the Assessment years from 2015-16 to 2019-20, to indicate that the Appellant Company was in operation at the time of striking off. c) Details of Fixed Assets like Land, Building etc, if any, wherefrom the Appellant Company has been in operation. d) The purpose of revival of the Appellant Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble NCLAT dated 17.09.2020, passed in the Review Application No. 09 of 2020 in the Company Appeal (AT)(Insolvency) No. 848 of 2019 in the matter of Deepak Kumar Vs M/s Phoenix ARC Pvt. Ltd. 26. The term 'record' in Section 420 of the Companies Act, 2013 means record to the proceedings of the case. An error must be a 'patent error' and not a mere 'wrong decision'. Where two views are possible and the matter is debatable, the order cannot be rectified by mistake apparent from record as per decision 'Commissioner of Income Tax' V. East India Cotton Association Ltd.' (1984) 149 ITR pg. 274. When there is no mistake apparent from the record in the judgement delivered by a Tribunal, then an app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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