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2016 (12) TMI 1685 - AT - CustomsRectification of Mistake - rectification sought mainly on the ground that while disposing of the Final Order No. A/90720-90723/16/CB, dated 4-10-2016 the Bench has not considered the opinion given by the Department of Electronics and Information Technology, Govt. of India and some other relevant materials, which were relied upon and produced during the hearing before Bench - Held that - it is noticed that the clarification issued by Department of Electronics and Information Technology, GOI though produced before us, escaped our attention while recording the order, as also other materials like orders of first appellate authority on the same issue for subsequent periods. The said clarification of the Department of Electronics and Information Technology, GOI and other materials may throw some light as to the classification of the products in question. The order dated 4-10-2016 to the extent it is in respect of these applicants needs to be recalled. In the interest of justice and to be fair to both the sides, we recall our Final Order Nos. A/90720-90723/2016/CB, dated 4-10-2016 and direct the Registry to relist the appeals for fresh hearing. ROM application disposed off.
Issues Involved: Application for rectification of errors in Final Order leading to dismissal of appeals.
Analysis: 1. Rectification of Errors: The applicants claimed errors in the Final Order dated 4-10-2016, alleging that the Bench did not consider the opinion of the Department of Electronics and Information Technology along with other relevant materials presented during the hearing. Both sides were heard on the applications, and upon careful consideration, it was acknowledged that the clarification from the Department of Electronics and Information Technology and other materials were not adequately addressed in the previous order. The Full Bench of the Hon’ble High Court of Delhi's ruling in Lachmandas Bhatia Hingwala v. Asstt. Commissioner of Income Tax was cited, affirming the Tribunal's authority to recall an order if certain facts were overlooked. Consequently, the Tribunal decided to recall the Final Order dated 4-10-2016 concerning the applicants and directed the appeals to be relisted for a fresh hearing to ensure justice and fairness to both parties. 2. Recall of Order: After hearing both sides and examining the records, the Tribunal acknowledged the oversight in not considering crucial clarifications and materials during the previous hearing. The Tribunal recognized that the parties did not extensively argue on these points during the proceedings, resulting in the omission of important aspects from the Final Order. Citing the power of the Tribunal to recall its order in case of overlooked facts, the Tribunal decided to recall the Final Order dated 4-10-2016 concerning the applicants. This decision was made in the interest of justice and to uphold fairness for both parties involved, leading to the direction for the appeals to be relisted for a fresh hearing. 3. Disposal of Applications: The Tribunal disposed of the applications for rectification of mistakes in the Final Order as per the decision to recall the order dated 4-10-2016. The pronouncement was made in court on 13-12-2016, indicating the resolution of the rectification applications and the direction for the appeals to be relisted for a new hearing to address the errors and ensure a fair adjudication process for the concerned parties.
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