TMI Blog2018 (6) TMI 1165X X X X Extracts X X X X X X X X Extracts X X X X ..... t the norms of wastage had been revised - Held that:- There is no mistake in the order pronounced in the Tribunal as the obligation of any adjudgement is to apply known law to established facts. As these facts now brought out were not established in the hearing, the order was passed on available record - The failure on the part of applicant to make the Tribunal cognisant of the facts is not a mist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 and C/937/2008 and no. A/89748-89751/17/CB dated 13th September, 2017 disposing of appeal nos. C/564 to 567/2008 of the two applicants seeks total relief from duty liability on the ground that the norms of wastage had been revised in their case by the competent authority vide letters issued by Directorate General of Foreign Trade between 23rd September 2008 and 26th November 2008. 2. It is admi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of records. That would bring about chaos which is not the ends of justice. 5. Undoubtedly, the Hon'ble High Court of Bombay did, as pointed out by Learned Counsel, in Sarla Performance Fibres Ltd v. Union of India [2008 (226) ELT 45 (Bom)], that technicalities should not stand in the way of rendering justice by resort to inherent powers. While non-consideration of subsequent developments impac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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