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2016 (12) TMI 1685

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..... gy, Govt. of India and some other relevant materials, which were relied upon and produced during the hearing before Bench - Held that: - it is noticed that the clarification issued by Department of Electronics and Information Technology, GOI though produced before us, escaped our attention while recording the order, as also other materials like orders of first appellate authority on the same issue .....

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..... or the Appellant. Shri M.K. Sarangi, Jt. Commissioner (AR), for the Respondent. ORDER [Order per : M.V. Ravindran, Member (J)]. - In these applications, it is the claim of the applicants that there are some errors apparent on record in our Final Order bearing No. A/90720-90723/2016/CB, dated 4-10-2016 [2017 (346) E.L.T. 593 (Tri.-Mumbai)] causing grave prejudice to the applicants, .....

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..... while disposing of the Final Order No. A/90720-90723/16/CB, dated 4-10-2016 the Bench has not considered the opinion given by the Department of Electronics and Information Technology, Govt. of India and some other relevant materials, which were relied upon and produced during the hearing before Bench. 3.1 On careful consideration of the submissions made by both sides and perusal of our final o .....

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..... r of Income Tax - 2011 (121) DRJ 451 = 2016 (344) E.L.T. 875 (Del.), ruled that Tribunal has power to recall its order if some facts are not considered. 3.2 In view of the foregoing in our considered view, the order dated 4-10-2016 to the extent it is in respect of these applicants needs to be recalled. In the interest of justice and to be fair to both the sides, we recall our Final Order Nos. .....

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