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Issues: Rectification of mistake in a tribunal order
In this case, the issue at hand is the rectification of a mistake in a tribunal order. The revenue filed an application seeking rectification of a mistake in the Order No. A/1168/WZB/Ah'bad/07, dated 11-5-2007. The revenue argued that the Tribunal did not provide any findings on the grounds of appeal filed by the Department, instead confirming the findings of the Commissioner of Customs (Appeals). The revenue contended that this constituted an error apparent on record, warranting rectification under Section 129B(2) of the Act. The Tribunal, after considering the submissions, found that the revenue's appeal was disposed of based on specific grounds related to the absence of an appeal against a confirmed demand. The Tribunal held that since no appeal was made, the amount deposited by the respondent could not be considered as duty, thus not attracting the provisions of Section 11AB of the Central Excise Act. The Tribunal distinguished this case from a previous judgment involving different facts. Ultimately, the Tribunal dismissed the revenue's application for rectification, citing a lack of merit in the request. This judgment highlights the importance of providing detailed findings on the grounds of appeal in tribunal orders. It underscores the significance of challenging specific aspects of a decision and the implications of not appealing certain determinations. The judgment also emphasizes the need for a clear connection between the grounds of appeal and the final decision rendered by the tribunal. Additionally, it showcases the Tribunal's adherence to legal principles and precedents in determining the outcome of rectification applications.
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