2006 (3) TMI 475 - AT - Central Excise

Summary

Issues: Rectification of mistake application regarding Tribunal's Final Order, merging of orders, consideration of appeal by different benches

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the issue revolves around a Rectification of Mistake application concerning the Tribunal's Final Order in an appeal arising from the Order-in-Appeal passed by the Commissioner. The application questions the setting aside of a penalty in a subsequent order by a Single Bench, arguing that the penalty issue had already been upheld in a prior order by a Division Bench. The Respondent emphasizes that the Commissioner's order had merged in the Division Bench's order, while the Appellant argues that the Division Bench's order was passed ex parte and did not consider the appeal filed by the assessee.

The Tribunal, after hearing both sides and examining the records, found that there was no mistake in the final order. It clarified that the Division Bench's order did not address the appeal of the assessee but focused solely on the points raised in the Revenue's appeal. Therefore, the Single Bench was justified in considering and deciding on the assessee's appeal separately. The Tribunal rejected the Rectification of Mistake application, concluding that the order of the Commissioner did not remain merged in the first order of the Tribunal, and the Single Bench's decision on the assessee's appeal was appropriate.

Overall, the judgment clarifies the importance of considering appeals separately based on the issues raised, even if previous orders exist, and highlights the need for each bench to address the specific grounds of appeal before making a decision.