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2000 (9) TMI 831 - AT - Central Excise
Issues: Rectification of Final Order, Interpretation of Notification No. 252/83-C.E.
The judgment pertains to a Rectification of Mistake (ROM) application filed by the applicants seeking rectification of the Final Order where the appeal of the Revenue was accepted without their presence due to alleged non-receipt of hearing notice. The applicants argued that the law applied in Sheetal Engineering Works case did not apply to their product, bottle coolers, covered under item No. 2 of Notification No. 252/83-C.E. The applicants contended they were entitled to the benefit of the notification for discharging duty liability for their product. On the other hand, the JDR opposed the rectification, claiming no sufficient cause existed for it. The file revealed that the Assistant Collector initially denied the benefit of the notification to the applicants, which was later reversed by the Collector (Appeals) stating the product fell under item No. 2 of the notification. The Tribunal accepted the Revenue's appeal based on the Sheetal Engineering Works case, ruling that bottle coolers were not domestic refrigerators under the notification, thus ineligible for the concessional duty rate. However, the applicants' argument that their product was covered under item No. 2 of the notification, eligible for a different concessional rate, was not considered due to their absence during the appeal hearing. The Tribunal, after hearing both sides and reviewing the records, recalled the Final Order and ordered the appeal to be re-decided after regular hearing. The judgment emphasized the necessity to correct the mistake/omission in not considering the applicants' argument regarding the applicability of item No. 2 of the notification, which was crucial for determining the concessional duty rate applicable to their product. The decision highlighted the importance of providing an opportunity for the applicants to present their case and have a fair hearing before reaching a final determination on the appeal.
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