1998 (11) TMI 320 - AT - Central Excise

Summary

Issues:
Classification of goods as 'flat' instead of 'bar' in Tribunal's final order.

Analysis:
The case involved an application for rectification of mistake (ROM) filed by M/s. Joshi Steel Industries regarding the classification of goods as 'flat' instead of 'bar' in the Tribunal's final order. The applicant argued that the classification was erroneous and requested the order to be recalled and the mistake rectified. The issue of classification had not been raised at the lower level but was brought up in the appeal before the Tribunal.

During the hearing, the consultant for the appellant pointed out that the width of the product had not been considered in the final order and requested a remand of the matter. In response, the JDR for the respondents argued that the width was not in dispute, and the appellants themselves had declared the product as flats. He contended that all relevant aspects had been examined by the Tribunal, including trade parlance and the proper meaning of the product.

Upon careful consideration, the Tribunal noted that the appellants had not disputed that the goods were mild steel flats but had only contested the thickness exceeding 5 mm. The Revenue confirmed the thickness was 5 mm, and there was no dispute about the width of the flats. The Tribunal highlighted that at no stage before the lower authorities was there any plea regarding the nature of the product being bars and not flats. The appeal was rejected as the issue of bars versus flats was raised for the first time before the Tribunal.

The Tribunal concluded that the matter had been thoroughly examined from all relevant aspects in the final order. The submissions by the appellants were duly considered, and the decision was based on the facts on record. After careful review, it was determined that there was no mistake apparent from the record in the final order, and the case did not warrant rectification under Section 35C(a) of the Central Excise Act, 1944. Consequently, the ROM application was found to lack merit and was rejected accordingly.