2019 (4) TMI 1553 - AT - Central Excise

Rectification of Mistake - time limitation - it was alleged that the rectification application is filed beyond the period of six months from the date of final order - HELD THAT - Revenue was appellant, the respondent assessee have been treated to be appellant at several places treating the assessee as an appellant has resulted in irrational/ erroneous conclusion by this Tribunal, in allowing the appeal by way of remand, observing that the appellant did not have the proper hearing before the Court below. The final order is erroneous and leading to irrational conclusion - appeal restored.

Summary

Issues: Rectification of mistake application filed beyond the period, Misinterpretation of parties in the final order

In the judgment delivered by the Appellate Tribunal CESTAT NEW DELHI, the issue at hand was the rectification of a mistake application filed by the respondent assessee beyond the prescribed period. The learned Authorised Representative for the Revenue raised a preliminary objection regarding the timing of the application. The Tribunal noted that the rectification application was filed after the final order was served upon the respondent, which was beyond the six-month period from the date of service. Citing the law explained by the Hon'ble Supreme Court in Collector of Central Excise vs. M. M. Rubber Co., it was clarified that the limitation for exercising the right arising from the order starts from the date of service of such order.

Upon further examination of the case, it was discovered that in the appeal, the Revenue was the appellant, and the assessee was the respondent. However, there were discrepancies in the final order where the respondent assessee was erroneously treated as the appellant at several instances. This misinterpretation led to an irrational and erroneous conclusion by the Tribunal, resulting in the appeal being allowed by way of remand due to the perceived lack of proper hearing for the appellant. As a result of these findings, the Tribunal deemed the final order to be erroneous and leading to an irrational conclusion. Consequently, the Tribunal decided to recall the final order and restore the appeal to be heard on its merits, scheduling the matter for final hearing on 06.05.2019.