1989 (12) TMI 182 - AT - Central Excise

Summary

Issues: Application for rectification of mistakes in a previous order. Consideration of relevant judgments.

In the judgment delivered by the Appellate Tribunal CEGAT, New Delhi, the Collector of Central Excise, Calcutta filed an application for rectification of mistakes in a previous order. The Collector contended that the Tribunal did not consider a specific judgment cited by the respondent-applicant, leading to a patent error in the order. The Collector argued that the Tribunal should have taken into account the judgment of J.K. Steel Ltd. The respondent sought the acceptance of the rectification application. On the other hand, the assessee's representative argued that there was no mistake in the order and that the Tribunal had considered all aspects, citing relevant judgments to support the argument. The representative pleaded for the rejection of the rectification application.

Upon hearing both sides and examining the facts and circumstances of the case, the Tribunal reviewed the order and considered the judgments cited by both parties. The Tribunal noted that the Bench had already considered the relevant judgments and had arrived at a reasoned conclusion. The Tribunal cited the principle that a mistake apparent on the record must be obvious and patent, not requiring a lengthy process of reasoning. The Tribunal emphasized that it did not have the power to review its own order, citing a decision of the Hon'ble Calcutta High Court. Based on these considerations, the Tribunal concluded that there was no error in the original order and, therefore, rejected the application for rectification of mistake.