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2019 (2) TMI 447 - AT - CustomsRectification of mistake - typographical errors in the final order - Held that - The applicant was correct in pointing out that there are some typographical errors in the final order, which is accordingly rectified - ROM application allowed.
Issues: Rectification of errors in Final Order
Analysis: The judgment by the Appellate Tribunal CESTAT Hyderabad revolves around the application filed by the appellant assessee seeking rectification of errors noted in Final Order No. A/31491-314992/2016 and A/31505/2016, dated 09.11.2016. The primary issue addressed in the judgment is the correction of typographical errors identified in the final order. The tribunal, comprising Mr. M.V. Ravindran and Mr. P.V. Subba Rao, considered the submissions made by both sides, where the appellant's counsel pointed out the inaccuracies in the order. The first error highlighted for rectification pertains to the incorrect mention of Order-in-Appeal Numbers in the preamble. The tribunal acknowledged the mistake and corrected the Orders-in-Appeal numbers to ensure accuracy. Another error identified was in paragraph 2 of the order, specifically in the second sentence and the last sentence. The correction involved adjusting the language to accurately reflect the appellant's actions regarding a refund claim based on the quantity received versus the quantity indicated in the Bill of Lading. Furthermore, a discrepancy in paragraph 4 of the final order was addressed by the tribunal. The correction made in the third sentence aimed to clarify the tribunal's stance on the refund claim, emphasizing that a particular part of the impugned order did not warrant interference. Ultimately, the application for rectification of mistakes was disposed of by the tribunal, with the corrections duly noted and incorporated into the final order. The judgment, delivered on 15.01.2019, signifies the tribunal's commitment to ensuring the accuracy and integrity of legal proceedings through rectifying errors brought to its attention during the appellate process.
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