2018 (12) TMI 879 - AT - Customs

Rectification of Mistake - Held that - There is no reason to interfere with the Final Order No. FO/75021-75034/2018 dated 10.01.2018 passed by this Tribunal - ROM Application dismissed.

Summary

Issues:
Rectification of mistake in the Tribunal's Final Order.

Analysis:
The judgment pertains to the filing of Misc. Applications seeking rectification of a mistake in the Tribunal's Final Order. The applicants/appellants argued that the Tribunal did not consider vital facts regarding prosecution proceedings as per Circular No.27/2015-Customs. They emphasized that the order passed ignored the CBEC Circular Guidelines, which prescribe conditions for prosecution under specific sections of the Customs Act, 1962, for goods valued at ?20 lakhs or more. The appellants contended that the Tribunal failed to identify the accused individuals involved in smuggling, yet concluded on penalty and proposed prosecution, which they argued was contradictory and based on doubt. The appellants sought reconsideration by the Tribunal for the sake of justice. However, after considering the arguments and the applications, the Tribunal found no reason to interfere with the Final Order dated 10.01.2018 and dismissed all the Misc. Applications seeking rectification.

This judgment highlights the importance of adherence to Circular Guidelines issued by the CBEC for prosecution proceedings under specific sections of the Customs Act, 1962. It also underscores the need for clarity and consistency in identifying accused individuals before concluding on penalties and proposing prosecution. The judgment reaffirms the Tribunal's discretion in assessing applications for rectification of mistakes in its orders and emphasizes the need for a thorough review of all relevant facts and circumstances before making a decision.