2007 (11) TMI 535 - AT - Central Excise

Summary

Issues involved: Consideration of a rectification of mistake application based on a Supreme Court decision rendered after the Tribunal's judgment.

Summary:

The appeal was initially dismissed by order No. C-II/1195/WZB/2001, dt. 27-4-01 [2001 (135) E.L.T. 778 (T)]. Subsequently, the appellant filed a rectification of mistake (ROM) application on 28-6-01, citing the Hon'ble Supreme Court's decision in the case of Nizam Sugar Factory Ltd. v. Collector of Central Excise - 2001 (129) E.L.T. 291 (S.C.). The ROM application was considered by the Bench, and it was noted that the question of whether a Supreme Court judgment issued after a Tribunal's decision could be the basis for rectification was referred to the Larger Bench. The application was to be heard post the Larger Bench judgment [2002 (53) RLT 604].

The Larger Bench of the Tribunal, in the case of Hindustan Lever Ltd. v. CCE Mumbai-I - 2006 (202) E.L.T. 177 (Tri-LB) = 2008 (10) S.T.R. 91 (Tri.-LB), determined that a Supreme Court decision, even if post the Tribunal's decision, is binding and can be grounds for reopening concluded proceedings and issuing a fresh order within the legal timeframe.

Consequently, based on the Larger Bench's decision, the ROM application was deemed maintainable and scheduled for a hearing on 3-12-2007. The final pronouncement was made in court on 20-11-2007.