2001 (8) TMI 651 - AT - Central Excise

Summary

Issues:
1. Rectification of mistake in a miscellaneous order.
2. Maintainability of the rectification application under Section 35C(2) of the Central Excise Act.
3. Interpretation of the specific provision in the Act regarding rectification of mistakes.
4. Comparison with previous cases and judgments related to rectification applications.

Analysis:
1. The judgment involves a Misc. Application filed by M/s. Aristo Pharmaceuticals Ltd. seeking rectification of a mistake in Misc. Order No. 8/2001-C, dated 19-1-2001. The applicants expressed their desire not to be represented in the hearing and requested a decision based on records.

2. The Respondent, represented by Shri M.D. Singh, opposed the rectification application citing Section 35C(2) of the Central Excise Act. It was argued that the application sought to rectify a mistake in an order passed under Section 35C(2), which is impermissible under the law. The Respondent also highlighted that the reference to the case of Bezel Pharma, mentioned in the Misc. Order, was indeed present in the Final Order.

3. The Tribunal, considering the arguments, found merit in the Respondent's submission that the rectification application was not maintainable under Section 35C(2) of the Act. The provision allows rectification only for orders passed under sub-section (1) of Section 35C. Since the Misc. Order in question was passed under Section 35C(2), the Tribunal concluded that the rectification application could not be entertained.

4. The Tribunal distinguished the present case from the National Woollen Mills case, emphasizing the specific provisions of the Act. It was noted that the facts in the previous case were different, as the rectification application was heard by a Bench of two Members. Additionally, reference was made to the Elpro International Ltd. case, where it was held that the same Member Bench should ideally hear rectification proceedings if feasible. The Tribunal also acknowledged the Respondent's assertion that the observation regarding the Bezal Pharma case was indeed present in the Final Order, further supporting the dismissal of the Misc. Application.

In conclusion, the Tribunal dismissed the rectification application, emphasizing the limitations set forth in Section 35C(2) of the Central Excise Act and the inapplicability of the application to the specific order in question.