2008 (7) TMI 734 - AT - Central Excise

Summary

Issues: Rectification of mistake in Final Order regarding recovery of interest and imposition of penalty.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the Revenue filed an application for rectification of mistake in Final Order No. 482/08-SM(BR), dated 15-1-2008. The Tribunal had set aside the recovery of interest and remanded the matter of penalty imposition back to the Commissioner (Appeals) for fresh consideration. The Revenue contended that the Tribunal's observation regarding the availing and reversal of credits prior to a specific date was incorrect, as the reversal actually occurred later. The Appellant's advocate did not dispute the factual error but argued that the legal position remained unchanged, emphasizing the crucial date for deciding interest recovery. The Tribunal acknowledged the mistake in passing the order based on incorrect facts and recalled the portion setting aside the recovery of interest.

Regarding the rectification, the Final Order dated 15-1-2008 was amended to reflect the correction. The specific paragraph mentioning setting aside the recovery of interest was deleted and substituted with a directive to remand the matter back to the Commissioner (Appeals) for a fresh decision considering the facts and law of the case. The judgment highlights the importance of factual accuracy in legal decisions and the need to rectify mistakes promptly to ensure proper application of the law.