9911796707
TMI Blog2011 (2) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 4th May, 2009 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Miscellaneous Application No. 179 of 2008 in connection with Customs Appeal No. 134 of 2004 thereby dismissing an application for recalling and modifying a final order dated 7th December, 2007 . 2. It appears from record that the appellant preferred an appeal before the said Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted such application for review. 5. Being dissatisfied the appellant has come up with the present appeal. 6. After hearing the learned advocate for the appellant and after going through the materials on record, we find that the appellant has not preferred any appeal against order dated 7th December, 2007 which has attained finality. Instead of filing any appeal, it subsequently filed an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of justice. In our opinion, by taking aid of that Rule, one cannot file any application for review of an order on merit which can be done only if there exists a specific provision of Review like that of an appeal. 8. We, thus, find that in the facts of the present case, there is no scope of review of the original order dated 7th December, 2007 at the instance of the appellant merely on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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