2001 (5) TMI 791 - AT - Central Excise

Summary

Issues:
Rectification of mistake (ROM) application filed by M/s. U.P. State Electricity Board for consideration of earlier decisions and notification No. 51/78, appeal filed in the Supreme Court, non-following of earlier Tribunal decisions, recall of order, review of the order already passed, disagreement with the Tribunal's decision, duty amount confirmation, penalty set aside, consideration of case law, adjustment for time-barred period, overlapping demand, dismissal of ROM application.

Rectification of Mistake Application:
M/s. U.P. State Electricity Board filed a Rectification of Mistake (ROM) application seeking consideration of earlier decisions and notification No. 51/78, requesting the benefit under the same and setting aside the order of the Commissioner of Central Excise, Kanpur-II. The Tribunal noted the grounds presented by the appellant for recall of the order, but the Tribunal emphasized that the order, once passed based on arguments from both sides, cannot be recalled. Reference was made to a Larger Bench decision of the Tribunal to support this stance.

Appeal in Supreme Court:
The appellant had filed an appeal in the Supreme Court against the Tribunal's order, which was subsequently dismissed as withdrawn by the Supreme Court. The appellant's counsel referred to earlier Tribunal decisions not followed in the present order, highlighting grounds A and C where multiple decisions were cited. Despite the appellant's contentions, the Tribunal found no merit in the ROM application, emphasizing that the review of the already passed order was not warranted.

Confirmation of Duty Amount:
The Tribunal confirmed the duty amount but set aside the penalty of Rs. 20,000. The Tribunal considered the arguments presented by both sides during the proceedings and referenced various decisions cited by the appellant. The Tribunal aligned with the adjudicating authority's view, as evidenced in the order, and found no justification for the recall of the order based on the arguments presented by the appellant.

Consideration of Case Law and Dismissal of ROM Application:
The Tribunal reviewed the case law cited by the appellant in light of the facts of the case. The Tribunal agreed with the analysis of the facts in the earlier order and upheld the duty amount confirmed by the Commissioner of Central Excise, Kanpur-II. Despite the appellant's plea regarding the case being considered afresh, the Tribunal found no merit in this argument and dismissed the ROM application, affirming the Commissioner's decision.

In conclusion, the Tribunal dismissed the Rectification of Mistake application, maintaining the confirmation of the duty amount and the setting aside of the penalty, while emphasizing the lack of merit in the appellant's requests for a review or recall of the order based on the arguments and case law presented.