9911796707
TMI Blog2002 (7) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : V.K. Agrawal, Member (T)]. This is an application for rectification of mistake filed by M/s. Gopal Mills. 2. When the matter was called, no one was present on behalf of the applicants. The applicants have requested in the ROM application that the matter may be decided dispensing with their presence. Accordingly, we take up the application for disposal after perusing the records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... main factors for increase in the production; that also there is no discussion about the physical verification carried out by the Department on 29-1-1998. It has also been mentioned in the application that the escapement of all these submissions of case law should be treated as mistake under Section 35C(2) of Central Excise Act. And reliance has been placed on the number of decisions one of them wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er consideration of the submissions made by the applicants in detail. All the points raised by the applicants were duly considered and the Order was passed. Each and every decision referred to by any of the party to the litigation is not required to be considered in the Final Order. It is well settled law that the power of rectification is confined to the mistake apparent from the record. A mistak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .T. 737 (Tri.), wherein the ROM application was filed on one of the ground that the decisions cited by the Appellants had not been considered, it has been held by the Tribunal that the case law is cited in support of the submissions. They do not make the submissions. The various decisions cited by the learned Advocate were gone through but it was found that they did not advance the case of the App ..... X X X X Extracts X X X X X X X X Extracts X X X X
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