2004 (6) TMI 521 - AT - Central Excise

Summary

Issues:
Rectification of mistake arising from Tribunal's dismissal of appeal based on Larger Bench's decision on capital goods used in Mines vs. Lubricants and Explosives used as inputs in Mines after 1-4-2000.

Analysis:
The appellants sought rectification of a mistake in the Tribunal's Final Order, which dismissed their appeal by applying the ratio of the Larger Bench's decision in a specific case. The appellants argued that the Larger Bench's decision was related to capital goods used in Mines outside the factory, whereas the issue in their case concerned Lubricants and Explosives used as inputs in Mines post 1-4-2000.

Despite notice, no one appeared for the appellants during the proceedings. The Learned SDR contended that post the amendments on 1-7-2000, inputs used in Mines were not eligible for Modvat credit. It was asserted that the Tribunal correctly followed the Larger Bench's judgment, and there was no error in the order.

Upon careful consideration of the submissions, examination of records, and review of the Final Order, the Tribunal concluded that there was no apparent mistake necessitating the recall of the order for a rehearing of the appeal. The Tribunal confirmed that all relevant factors were taken into account, and the Larger Bench's decision was appropriately applied. Consequently, the application for rectification was deemed to lack merit and was consequently rejected.