2000 (1) TMI 928 - AT - Central Excise

Summary

Issues:
1. Difference of opinion between Members on rectification of mistake applications.
2. Interpretation of Section 35C(2) for rectifying errors in the final order.
3. Grounds for rectification under Section 35C(2) based on limitation and errors of law.
4. Scope of "mistake apparent from records" under Section 35C(2) and the need for glaring mistakes of fact or law.

Issue 1 - Difference of opinion between Members on rectification of mistake applications:
The matter involved a difference of opinion between two Members regarding rectification of mistake applications. The applications were filed for rectification of mistakes in the final order passed by the Bench in appeal numbers E/2216-18 and 2234-2238/97-NB. The Judicial Member opined to reject the applications, while the Vice President suggested recalling the earlier order for fresh hearing on various points.

Issue 2 - Interpretation of Section 35C(2) for rectifying errors in the final order:
Section 35C(2) grants the Tribunal the power to rectify any mistake apparent from the record within four years from the date of the order. The Tribunal is not authorized to exercise appellate power or review against the order passed earlier under the guise of rectification of mistake.

Issue 3 - Grounds for rectification under Section 35C(2) based on limitation and errors of law:
The appellant argued that a ground questioning the propriety of the Department in exercising an extended period under Section 11A was not considered in the final order, thus justifying rectification under Section 35C(2). However, the Tribunal had addressed the plea of limitation in the final order, making it inappropriate to raise it again for rectification.

Issue 4 - Scope of "mistake apparent from records" under Section 35C(2) and the need for glaring mistakes of fact or law:
The Vice President highlighted that an error apparent from the record includes an error of law. However, the Tribunal's order did not contain any such glaring mistakes warranting rectification under Section 35C(2). The scope of rectification is limited to mistakes that are evident from the record without the need for argument to establish them. The application was dismissed as no mistake apparent from the record was discernible in the final order.

In conclusion, the judgment addressed the difference of opinion among Members on rectification applications, the interpretation of Section 35C(2) for rectifying errors in the final order, the grounds for rectification based on limitation and errors of law, and the requirement for glaring mistakes of fact or law under the "mistake apparent from records" provision. The application was dismissed as it did not meet the criteria for rectification under Section 35C(2).