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2017 (11) TMI 45 - AT - CustomsRectification of mistake - Penalty u/s 114A - Held that - there is no apparent mistake in the subject Final Order of the Tribunal, which could be rectified by accepting the present ROM. The appellant actually wants us to re-appreciate and reconsider their submissions and arguments by way of ROM application, which is not allowed by law - The Hon ble Apex Court in the case of CCE, Belapur, Mumbai vs. RDC Concrete (India) Pvt. Ltd. 2011 (8) TMI 25 - SUPREME COURT OF INDIA has held that power to rectify a mistake should be exercised, when the mistake is a patent one and should be quite obvious - ROM Application not allowed.
Issues:
Rectification of mistake in the Final Order under Section 114A of the Customs Act, 1962. Analysis: The appellant filed a miscellaneous application seeking rectification of a mistake in the Final Order, which upheld a penalty under Section 114A of the Customs Act, 1962. The appellant argued that the penalty imposed was not sustainable as it was equivalent to the interest demanded on the differential duty. The Tribunal considered the submissions and upheld the penalty imposed under Section 114A. The appellant's request for rectification was opposed by the Revenue on the grounds that it would amount to a review of the order, which is not permitted by law. Upon careful consideration, the Tribunal found that there was no apparent mistake in the Final Order that could be rectified through the application. The Tribunal emphasized that the power to rectify a mistake should be exercised only when the mistake is patent and obvious, not based on a long process of reasoning. Citing legal precedents, including the case of CCE vs. RDC Concrete, the Tribunal reiterated that rectification cannot be done for debatable points of law or fact. The Tribunal also referred to the case of M/s. Deva Metal Powders Pvt. Ltd. vs. Commissioner of Trade Tax, UP, highlighting the requirement that a mistake to be rectified must be apparent from the record and not open to argument or debate. In light of the legal principles and precedents cited, the Tribunal concluded that there was no merit in the application for rectification of mistake and dismissed the same. The operative portion of the Order was pronounced in Open Court on 29/08/2017.
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