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TMI Blog2011 (11) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... hat limitation of six months prescribed is applicable only if the Tribunal exercise suo-moto power. The said period of limitation is not applicable to application filed by the aggrieved party – Decided against the revenue. In the notification, admittedly it is not mentioned that any interest is payable on the duty foregone during the relevant period. The said error is apparent from the face of the record. Therefore, exercising the power conferred u/s 129B Tribunal have rectified the said error on being pointed by assessee. It is not a case of reappreciation of the facts on record – Decided against the Revenue. - CSTA No. 6/2009 - - - Dated:- 3-11-2011 - N. Kumar, Ravi Malimath, JJ. N.R. Bhaskar, Sr. Counsel for the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... error which is apparent on the face of the record and needs to be rectified. Accepting the case of the assessee, the Tribunal passed the impugned order deleting the interest portion. Aggrieved by the said order, the revenue is in appeal. 3. The appeal was admitted to consider the following substantial questions of law: (i) Whether the order of the Hon'ble CESTAT is legally sustainable in respect of an amendment made in Misc Order beyond the period of six months? (ii) Whether the order of CESTAT is legally sustainable, in view of erroneous findings and misinterpretation of law? 4. The learned Counsel for the revenue assailing the impugned order contended that the Tribunal has virtually reappreciated the entire material on re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the imported components have been utilized in the manufacture of the goods which have been exported, there should be proper correlation. The vague statement that all the goods have been utilized for export or research purposes is not sufficient. It is obligatory on the part of the assessee to satisfy the Deputy Commissioner as to how these various components were issued for the manufacture of goods which were exported and also for R and D purposes. When the assessee is availing huge amount of duty exemption they cannot forego it very carelessly in their project. Therefore, the Tribunal held that the assessee has not taken serious efforts to comply with the customs procedure. The Tribunal did not find fault with the lower authorities for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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