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2017 (5) TMI 1344

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..... Commissioner (AR),   for Respondent ORDER Per: Anil G. Shakkarwar The present ROM Application bearing No. ST/ROM/70053/2017 has been filed in Appeal No.ST/70081/2016 by Revenue requesting to rectify mistake in Final Order No. A/70760-70761/2016-SM(BR) dated 31/08/2016. 2.  Heard the ld. Departmental Representative who has presented the said ROM Applicdation. 3.  Heard the .....

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..... and not 04/10/2013, 31/10/2013. Therefore, the date of realization has been wrongly submitted by the ld. Counsel of the party which resulted to the decision of the Honble CESTAT in favour of the party." The ld. Counsel further contended that there were two appeals involved. The ROM Application was filed in one appeal therefore in respect of Appeal No. ST/70081/2016 alone the ROM can be consider .....

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..... llowing dates:- Month Invoice No., Date & Amount in USD Date of receipt in foreign exchange April, 2013 Con/13-14/IC02/0001 30.04.2013 USD-190,540 19.06.2013 May, 2013 Con/13-14/IC02/0002 31.05.2013 USD-184,020 24.07.2013 June, 2013 Con/13-14/IC02/0003 28.06.2013 USD-169,200 05.09.2013 Total:- USD-543,760   He further submitted that information given in the table of said Para .....

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..... of which has been served on Revenue and representative of Revenue was present in the court when the submissions were made. 3.  Having considered the rival contentions and on perusal of the facts on record, I find that the contentions in the said Para 5 of ROM Application are totally wrong when compared with the record as reflected in above stated Para 13 of appeal memorandum, so far as they .....

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