2007 (11) TMI 459 - AT - Central Excise

Summary

Issues:
1. Rectification of mistake apparent from the record in Final Order.
2. Allegation of ignoring written submissions.
3. Application of Tribunal's Larger Bench decision in the case.

Analysis:
1. The application sought rectification of a mistake in the Final Order regarding the examination of the authorization letter for the appeal. The respondent alleged that the Bench did not properly review the letter before overruling their preliminary objection. The objection was based on the Revenue filing the appeal without a proper review of the impugned order. However, after examining the original record of proceedings, it was found that the grounds of the appeal were based on the Review Committee's findings, leading to the rejection of the objection. The Tribunal concluded that there was no mistake apparent from the record and dismissed the application.

2. Another alleged mistake was the Bench ignoring the written submissions of the applicant while passing the final order. The applicant failed to provide specific details or amplify this grievance. The Tribunal emphasized that for an error to be apparent from the record, the party must specify the submission that was overlooked. As the application did not provide any clear information regarding the ignored submissions, this issue was not substantiated.

3. The third mistake highlighted in the application was the incorrect application of the Tribunal's Larger Bench decision in a specific case. The party argued that contrary High Court decisions should have been followed instead. However, no specific High Court decisions were mentioned in the application. The Tribunal noted that the Consultant cited various Tribunal decisions supporting the refund claim, but the decision in question was against them, leading to the appeal of the Revenue being allowed based on the Larger Bench decision. As no mistake was found in the final order, the application was dismissed by the Tribunal.