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TMI Blog2018 (5) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... ns for causing delay that there has been injustice done to them by the order of this Tribunal - Application for rectification of mistake cannot be dismissed merely on the ground of limitation. There was apparent mistake on record while drafting order wherein the truck number HR-38M-2282 transported the goods to M/s. Airvision India Pvt. Limited, Bahadurgarh instead of M/s. Novice Polymers, Bahadurgarh. Therefore, the final order of this Tribunal is required to be rectified - the matter is required to be relisted to hear the parties on the said limited issue. Application for ROM allowed. - Application No. E/ROM/60151/2017 (Appeal No. E/57445/2013-SM) - Misc. Order No. 60138/2018 - Dated:- 4-4-2018 - Mr. Ashok Jindal, Member (Judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore this Tribunal in the case of Haryana Acrylic Mfg. Company Pvt. Limited and this Tribunal by Miscellaneous Order No. 60057/2018 dated 29.01.2018 observed as under:- Limitation: The issue of limitation has been dealt by the Hon ble Apex Court in the case of Sunitadevi Singhania Hospital Trust (Supra) wherein the Hon ble Apex Court observed as under: 19 . It is true that the period of limitation specified in terms of Sub-Section (2) of Section 129(B) of the Customs Act is required to be observed but the Tribunal failed to notice that it has inherent power of recalling its own order if sufficient cause is shown therefor. The principles of natural justice, which in a case of this nature, in our opinion, envisage that a mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any time but showing the reasons for causing delay that there has been injustice done to them by the order of this Tribunal. The said order has been followed by the Karnataka High Court in the case of Wipro Limited (Info Tech Group) reported in 2012 (280) ELT 174 (Kar.) wherein, the Hon ble High Court observed as under: 6 . Insofar as the first substantial question of law is concerned, the said question of law is answered by the Apex Court in the case of Sunitadevi Singhania Hospital Trust v. Union of India reported in 2009 (233) E.L.T. 295 (S.C.) as well as the Full Bench judgment in the case of JK Tyre and Industries Ltd. v. Assistant Commissioner of Central Excise, Mysore-II reported in 2011 (266) E.L.T. 163 (Kar.), where it has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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