9911796707
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Issues:
1. Rectification of mistake in final order based on Tribunal's previous decisions. Analysis: The judgment revolves around the issue of rectification of mistake in the final order based on previous decisions of the Tribunal. The Bench noted that the Revenue sought to change the final order on the grounds that the earlier order of the Commissioner (Appeals) was reversed in appeal, and other contrary decisions of the Tribunal were not brought to the notice of the Bench during the hearing. The Tribunal emphasized that it cannot review its own order but can only rectify mistakes apparent from the record. The learned DR for the applicant Commissioner argued that previous Tribunal orders favored the Revenue's appeal in similar cases, highlighting the inconsistency in decisions. However, the Bench held that the application for rectification of mistake cannot be entertained based on decisions that were not cited during the hearing. The Tribunal emphasized that it is essential to bring all relevant information and decisions to the notice of the Bench during the proceedings. In light of the above observations, the Tribunal concluded that the appropriate course of action for the Revenue would be to file an appeal against the impugned final order rather than seeking rectification of mistake. Therefore, the miscellaneous application for rectification of mistake was rejected as not maintainable. The judgment underscores the importance of presenting all relevant information and decisions before the Tribunal during the proceedings to ensure a fair and informed decision-making process.
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