2007 (3) TMI 522 - AT - Central Excise

Summary

Issues:
Rectification of mistake in Tribunal's Final Order regarding recoverability/liability of dues under Section 11A of the Central Excise Act/Rule 9 of the Central Excise Rules on auction sale-transfer of assets.

Analysis:
The judgment pertains to an application seeking rectification of a mistake in the Tribunal's Final Order. The applicant argued that no finding was recorded regarding the recoverability/liability of dues of an earlier company under the proviso to Section 11A of the Central Excise Act/erstwhile Rule 9 of the Central Excise Rules concerning the auction sale-transfer of the company's assets to the present applicants by the Maharashtra State Financial Corporation. The Tribunal, comprising Ms. Jyoti Balasundaram and Shri K.K. Agarwal, dismissed the application after hearing both sides.

The Tribunal found no mistake in not recording a specific finding on the issue raised by the applicant. It was noted that relief had already been granted to the appellants on a different issue, rendering the concern about the absence of a finding on recoverability/liability of dues not crucial. The applicant's apprehension that the finding in the final order might be overruled in a Revenue appeal based on judgments from the Hon'ble Punjab & Haryana High Court and the Allahabad High Court was deemed insufficient to establish any error in the final order. The Tribunal distinguished the case cited by the applicant's counsel, emphasizing that in the present matter, the appeals of the assessee had been allowed on one issue, unlike the case referenced.

Ultimately, the Tribunal, through Vice-President Jyoti Balasundaram, dismissed the application for rectification of mistake, concluding that there was no error in the final order. The decision was pronounced and dictated in Court on 29-3-2007, bringing the matter to a close.

This comprehensive analysis of the judgment highlights the key issues raised, the arguments presented by the parties, the Tribunal's reasoning, and the ultimate decision reached in the matter of rectification of mistake in the Tribunal's Final Order concerning recoverability/liability of dues under the relevant provisions of the Central Excise Act and Rules.