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TMI Blog2015 (1) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... s still pending consideration. The issue is therefore still open and it has not yet been considered and decided. In that view of the matter, the understanding of the Revenue that the power of rectification of a mistake under Section 74(2) of the Finance Act, 1994 cannot be exercised during the pendency of the appeal before the Tribunal cannot be countenanced. The Order dated 05.06.2014 holding to this effect is unsustainable and is therefore, set aside. There shall be a consequential direction to the respondents to consider the application of the petitioner for rectification of the mistake, under Section 74(2) of the Finance Act, 1994, on its own merits in accordance with law and pass a reasoned order thereon. An opportunity shall be afford ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he alleged typographical error, whereby the amount of ₹ 4,14,69,442/- was wrongly shown as ₹ 41,14,69,442/-. This request of the petitioner was however turned down by the Revenue by the impugned order dated 05.06.2014. Perusal thereof reflects that the Revenue rejected the rectification application of the petitioner on the short ground that the matter was under consideration before the Tribunal and therefore the provisions of Section 74 were not available at this stage. Section 74 of the Finance Act, 1994 reads as under: 74. Rectification of mistake.- (1) With a view to rectifying any mistake apparent from the record, the [Central Excise Officer] who passed any order under the provisions of this Chapter may, with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l cannot be countenanced. The Order dated 05.06.2014 holding to this effect is unsustainable and is therefore set aside. There shall be a consequential direction to the respondents to consider the application of the petitioner for rectification of the mistake, under Section 74(2) of the Finance Act, 1994, on its own merits in accordance with law and pass a reasoned order thereon. An opportunity shall be afforded to the petitioner to make good his claim of the alleged typographical error. The entire exercise shall be completed within eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly allowed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs. - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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