2008 (6) TMI 139 - AT - Central Excise

Application for rectification of mistake by revenue - mistake of fact apparent on record - grievance of the applicant is that the department s proposal to classify the yarn under SH 5205.11/19 in some of the show-cause notices was not taken note of in the final order - After hearing the learned SDR for the applicant and the learned counsel for the respondents, we acknowledge this mistake and accordingly recall the final order

Summary

Issues: Application for rectification of mistake apparent on record in Final Order, classification of goods under different headings, disappointing handling of Revenue's case before the Bench.

Analysis:
1. Rectification of Mistake Apparent on Record: The Commissioner of Central Excise filed applications stating a "mistake of fact apparent on record" in the Final Order passed in Appeal Nos. E/1064 & 1085/04. The Final Order was pronounced after hearing the parties. The Commissioner pointed out that the department's proposal to classify the goods under different headings in the show-cause notices was not accurately reflected in the Final Order. The applications were allowed, and the Final Order was recalled for fresh hearing of the appeals on a specified date.

2. Classification of Goods: In the Final Order, it was noted that the proposal in the show-cause notices was to classify the yarn under Heading 56.06 of the CETA schedule despite being composed of 85% cotton. However, the Commissioner pointed out discrepancies in the classification proposals in the show-cause notices issued to the parties. The parties contested the department's proposals and claimed classification under different sub-headings. The mistake in not considering the department's proposal to classify the yarn under certain headings in the show-cause notices was acknowledged, leading to the recall of the Final Order for fresh hearing.

3. Disappointing Handling of Revenue's Case: The Tribunal expressed disappointment in the handling of the Revenue's case before the Bench. It was noted that there were shortcomings in presenting the case effectively. The SDR who presented the Revenue's case during the final hearing and disposal of appeals did not point out any factual errors. Subsequently, when rectification applications were considered, a different SDR appeared, indicating a lack of continuity and familiarity with the case. The Tribunal emphasized the need for revamping the system to ensure effective presentation of the Revenue's case before the Bench, highlighting the importance of officers with genuine interest and dedication in litigation to serve the Revenue's interests.

This detailed analysis covers the issues raised in the legal judgment, addressing the rectification of mistakes in the Final Order, discrepancies in the classification of goods, and the disappointing handling of the Revenue's case before the Tribunal.