9911796707
TMI Blog2019 (5) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant Ms. T. Usha Devi, Authorized Representative for the Respondent ORDER PER BENCH : The Revenue has filed the above Miscellaneous Application for rectification of mistake of Final Order No. 42561-42563/2017 dated 02.11.2017. The relevant portion of the Miscellaneous Application filed by the Revenue is as under : 5. Aggrieved by the O-in-O dated 04.03.2010, the importer had filed an Appeal before Hon ble CESTAT, Chennai; in Appeal No. C/271/2010 arising out of O-in-O dated 04.03.2010 Hon ble CESTAT had observed that (the related Para s 10.4, of the CESTAT order is reproduced below for reference):- Para-10.4 in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Emphasis in original) 2. Today when the matter came up for hearing, none represented the appellant. 3. On the last occasion i.e. on 20.03.2019, none had appeared for the appellant on the ROM Application. The matter was adjourned giving a direction that there shall be no further adjournments. Further, one of the Members who is a party to the said Order is attaining superannuation on 1st May, 2019. For these reasons, we find that granting further adjournment in this matter would not be possible in the interests of justice. The ROM Application is therefore taken up for disposal after hearing the Ld. AR for the Revenue and after perusal of records. 4.1 On behalf of the Revenue, Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een cleared are the main equipments viz. 189M 2 Sinter plant and 1780M3 Blast Furnace. However, the impugned goods relating to Appeal No. C/271/2010 namely Design Engineering Drawings and Technical Documentation for 189M 2 Sinter plant and Design Engineering and Technical Documentation for 1780M 3 Blast Furnace are still available. 7. Viewed in this light, we find merit in the ROM application filed by the Revenue. There indeed has been an error apparent on the face of record as pointed out by the Revenue. In the event, paragraph 10.4 of the impugned Final Order will require to be rectified. Accordingly, we order that paragraph 10.4 is rectified and modified as under : 10.4 In respect of Appeal No. C/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
