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TMI Blog2012 (12) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... Ashok Jindal: This application is filed by the applicant for Rectification of Mistake in an order passed by this Tribunal on 26.06.2012. 2. It is contended on behalf of the applicant that the Hon'ble Member (J) has allowed the appeal of the appellant holding that the demands are not sustainable under the category of 'Business Auxiliary Services' therefore, they are not liable to pay the service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... category of Business Auxiliary Service by relying on the judgment of Jetlite (India) Ltd. (supra). Or Whether the Member (Technical) is correct in holding that the appellants are engaged in the activity of promoting the branded goods of Intel/Microsoft, therefore, the judgment of Jetlite (India) Ltd., (supra) is not applicable to the facts of this case and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tructure Ltd. 2009 (243) ELT 497 (Bom.). 3. Considered the submissions made by both sides. 4. In the case of Suzlon Infrastructure Ltd. 2009 (243) ELT 497 (Bom.), the issue before the Hon'ble High Court of Bombay was that when the matter has been referred to the third Member, whether the application for rectification of mistake is maintainable or not. However, in that case the Hon'ble High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riving at decision by both the members independently. Reliance placed by the learned Advocate on the decision of Suzlon Infrastructure Ltd. (supra) wherein the Hon'ble High Court hold that the application for ROM is maintainable but in that case, both the Members had not given finding on some issues but in this case Member (Judicial) allowed the appeal on merit and Member (Technical) dealt with al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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