1999 (11) TMI 156 - AT - Central Excise

Summary

Issues Involved:
Rectification of order dated 10-5-1999 by the Appellate Tribunal.

Detailed Analysis:
The M.A. was moved by the ld. Counsel for the assessee for rectification of the order dated 10-5-1999, which was disposed of in ITA No. 299/Del/98. The ld. Counsel argued that the Tribunal did not decide all the grounds agitated in the appeal, which is against the provisions of law. It was contended that the Tribunal must decide the appeal based on material facts and record, which was not done. The Tribunal's failure to consider remaining evidence and ignore guidelines laid down by the Hon'ble Supreme Court and decisions of ITD and ITAT Benches was highlighted. The ld. Counsel also argued that the Tribunal wrongly noted that the CIT(A) did not decide the appeal on merit, contrary to the CIT(A)'s recorded decision. It was emphasized that legal points and submissions were not applied, and the Tribunal did not provide reasons for not applying case laws referred to by the assessee.

The ld. Counsel mentioned that the M.A. contained all arguments and should be treated as submission. Various grounds were raised, including the need for the Tribunal to decide all contentions, provide reasons for rejecting prayers, and consider all evidence. Reference was made to judgments of the Hon'ble Supreme Court and decisions of different Benches of the Tribunal and High Courts. The ld. Counsel argued that the orders of the authorities below were null and void, and remanding the matter back to the CIT (A) validated those orders, contrary to established judgments. It was contended that the Tribunal's failure to consider grounds of the assessee, ignore affidavits, and not award special costs were errors that needed rectification. The Tribunal was accused of not giving the benefit of legal decisions to the assessee and not providing reasons for not applying referred case laws.

The ld. DR argued against interference in the Tribunal's order, stating that it was passed after considering all material facts and case law. However, the Tribunal, after considering the rival submissions, agreed with the ld. Counsel's contention that some affidavits and judgments were not discussed, leading to an apparent mistake on the record. In the interest of justice, the Tribunal decided to recall its order and restore the appeal to its original number for a fresh disposal on merit. Consequently, the M.A. was allowed, and the order dated 10-5-1999 in ITA No. 299/Del./98 was recalled, with directions for the Registry to refix the appeal for disposal on merit afresh.