2008 (2) TMI 715 - AT - Customs

Summary

Issues:
Rectification of Mistakes Application against Tribunal's Final Order Nos. 593 & 594/2007 dated 21-5-2007.

Analysis:
The RoM application was filed against the Tribunal's Final Order Nos. 593 & 594/2007 dated 21-5-2007. The Commissioner of Customs & Central Excise, Hyderabad-II Commissionerate appealed against the Order-in-Original No. 11/2004-Cus. dated 31-3-2004 and the Order-in-Original No. 12/2004-Cus. dated 31-3-2004. The Final Order rejected the Revenue's appeals, stating that the Commissioner was legally correct in dropping the proceedings due to limitation under Section 155(2) of the Customs Act, 1962. The RoM application highlighted discrepancies in the Final Order, specifically mentioning only one Order-in-Original No. and two departmental Officers as respondents, omitting two other respondents. The RoM argued for a composite appeal based on legal precedent, seeking rectification of the mistakes apparent on the record.

The learned Advocate for the respondents contended that the department's filing of a composite appeal against four respondents in each Order-in-Original was not in line with legal precedent. They argued that since only two appeals were filed and disposed of by the Tribunal instead of the required eight appeals, the RoM application's inclusion of the names of the other respondents was not sustainable. Upon careful consideration, the Tribunal found that the Final Order had indeed omitted mentioning one of the Order-in-Originals and failed to include all four Officers as respondents. The Tribunal rectified these errors by incorporating the missing Order-in-Original and adding the names of the omitted officers in the Final Order.

The Tribunal noted that the respondents Shri Srikant Dev and Shri N. Mohd. Sadiq did not file any cross-objections, were not represented during the Tribunal proceedings, and did not respond to notices. Despite this, the Tribunal dismissed the Revenue's appeal based on legal provisions applicable to these officers under Section 155. The Tribunal explicitly stated that its findings would also apply to these officers, leading to the dismissal of the appeals concerning them. The RoM was allowed, rectifying the identified mistakes in the Final Order.