1996 (10) TMI 166 - AT - Central Excise

Issues Involved:
1. Consideration of submissions by the appellants.
2. Appeal-wise consideration of submissions.
3. Adherence to case law cited by the appellants.
4. Consideration of wilful suppression regarding limitation.
5. Interpretation of Notification No. 201/79-C.E.

Detailed Analysis:

1. Consideration of Submissions by the Appellants:
The appellants argued that the Tribunal's final order did not adequately consider their submissions. The Tribunal clarified that the order must be read as a whole and not dissected sentence by sentence. It emphasized that every material fact for and against the appellants had been considered fairly and with due care. The Tribunal cited Supreme Court decisions to support that an order need not be lengthy but must record relevant reasons concisely. It concluded that the order had duly considered all evidence and submissions, and there were no irrelevant considerations, conjectures, or prejudices influencing the conclusions.

2. Appeal-Wise Consideration of Submissions:
The appellants contended that their submissions were not considered appeal-wise. The Tribunal refuted this by stating that the five appeals called for decisions on related issues and were disposed of by a common order. The Tribunal maintained that the final order comprehensively addressed all relevant points and issues raised in each appeal.

3. Adherence to Case Law Cited by the Appellants:
The appellants claimed that the case laws they cited were not followed. The Tribunal responded by stating that the case law was referred to in specific paragraphs of the order and was carefully considered. However, it found that the cited decisions did not advance the appellants' case. The Tribunal provided detailed references to various cases, explaining why they were not applicable or supportive of the appellants' arguments.

4. Consideration of Wilful Suppression Regarding Limitation:
The appellants argued that their submissions regarding wilful suppression and limitation were not considered. The Tribunal explained that Notification No. 201/79-C.E. was a self-contained provision with its own rules for adjustment, recovery, and limitation. It highlighted that the absence of a specific time frame in the Notification indicated that the usual time limits under Section 11A of the Central Excises and Salt Act, 1944, were not applicable. The Tribunal concluded that the appellants' arguments on limitation were unfounded.

5. Interpretation of Notification No. 201/79-C.E.:
The appellants claimed that the provisions of Notification No. 201/79-C.E. had been misread. The Tribunal held that the utilisation of credit for duty payment on cigarettes, where the inputs in question had not been used, was not covered by the Notification. It also addressed the issue of refund claims, stating that the sanctioned refunds without disallowing proportionate credit were liable to be disallowed under the provisions of the Notification. The Tribunal emphasized that the interpretation of the Notification was correct and did not warrant rectification.

Conclusion:
The Tribunal concluded that there was no mistake apparent from the record in its final order and that the ROM application filed by the appellants was essentially an attempt to review the order, which is not permissible under law. The Tribunal reiterated that rectification of mistakes is confined to obvious and patent mistakes, not debatable points of law or facts. Consequently, the ROM application was rejected.

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