2009 (5) TMI 722 - AT - Central Excise

Summary

Issues:
Rectification of mistakes apparent from the record in the final order.

Analysis:
The Revenue filed applications for rectification of mistakes in the final order, which both sides agreed were timely. The Revenue proposed four rectifications: correcting the mention of the originating orders, rectifying a sub-heading error, addressing a grammatical error, and clarifying a dispute between tariff headings. The Tribunal heard both sides and made specific directions for each proposal.

1. The first proposal involved correcting the mention of the originating orders. The Tribunal directed that "Order-in-Original" should be read as "Order-in-Appeal" in the cause title, thereby resolving this issue.

2. The second proposal focused on rectifying a sub-heading error. Both sides acknowledged the error in mentioning sub-heading 3303.20 instead of 3003.20. The Tribunal directed that the correct sub-heading should be read as 3003.20, effectively resolving this discrepancy.

3. The third proposal regarding a grammatical error in a sentence was deemed inconsequential by both sides as it did not affect the substance of the order. Therefore, the Tribunal did not address this proposition.

4. The fourth proposal aimed to rectify an error in a tariff heading dispute. The Tribunal directed that the figure mentioned as 3001.31 should be read as 3003.31 instead, clarifying the discrepancy between tariff headings and effectively resolving this issue.

In conclusion, the Tribunal's directions for rectification addressed all four proposals made by the Revenue, ensuring that the final order accurately reflected the corrections. The order passed by the Tribunal on a previous date should now be read with the specified amendments, thereby disposing of all the miscellaneous applications filed by the Revenue.