2018 (11) TMI 1283 - AT - Central Excise

Rectification of Mistake - case of applicant is that Final Order was passed in the absence of the applicant/respondent and the respondent could not make sufficient representation in their favor - Held that - There is no error apparent on the face of the record in the order dt. 03/05/2017 passed by this Tribunal - the said order though passed ex parte but the same was passed after considering all the grounds of appeal raised by the Revenue in their defence. By this ROM application, the applicant wants the Tribunal to recall the said order and hear the appeal afresh which is beyond the scope of ROM application. ROM Application dismissed.

Summary

Issues: Rectification of mistake application seeking recall of Final Order passed ex parte.

Analysis:
The judgment pertains to an application seeking rectification of mistake filed by the respondent in the main appeal. The respondent alleged that the Final Order was passed ex parte in their absence, leading to insufficient representation. The issue at hand revolves around the classification of goods, with the respondent contending that a similar issue was decided in their favor previously. The respondent's consultant argued that the ex parte decision constituted a mistake apparent on the face of the record, urging the Tribunal to recall the Final Order.

The Tribunal considered both parties' submissions and examined the records. The learned Assistant Commissioner representing the appellant contended that there was no error evident in the Tribunal's order dated 03/05/2017. It was highlighted that the Tribunal had deliberated on all grounds of appeal raised by the Revenue before issuing a reasoned order. The appellant's representative further suggested that if the respondent was dissatisfied with the Final Order, they should pursue an appeal before a higher appellate forum. The appellant's contention was that the rectification of mistake application sought to reopen the entire case, exceeding the permissible scope of such an application.

Upon thorough review, the Tribunal concluded that there was no error apparent on the face of the record in the order dated 03/05/2017. Despite being passed ex parte, the Tribunal had duly considered all the Revenue's grounds of appeal. The Tribunal also noted that the rectification of mistake application aimed to have the order recalled for a fresh hearing, a request deemed beyond the purview of such an application. Consequently, the Tribunal dismissed the rectification of mistake application, upholding the original order.

The operative portion of the Order was pronounced in open Court on 13/11/2018, with the Tribunal maintaining the dismissal of the rectification of mistake application.