2017 (2) TMI 1529 - AT - Central Excise

Seeking recall of the order - during the course of arguments, full facts were brought to the knowledge of the Bench, or not - HELD THAT - On perusal of record, it appears that the Tribunal has passed the order on merit where the appellant view was also considered. Regarding the more facts it can be presumed that this is the afterthought. Remedy lies somewhere else. Hence, when the speaking order was passed on merit, then there are no merit in the application where request is made for recalling of the order - the RoA application is rejected.

Summary

The Appellate Tribunal CESTAT NEW DELHI rejected the RoA application for recalling an order, stating that the order was passed on merit and considering the appellant's view. The application was rejected as the Tribunal found no merit in recalling the order.