9911796707
TMI Blog2008 (8) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... K. Das, Member (J) Shri V. Swaminathan, Advocate, for the Appellant. Shri S. Gautam, DR, for the Respondent. [Order]. - The Applicant filed this application for rectification of mistake of Order No. 908/2008-SM (BR) dated 2-4-2008, [2008 (12) S.T.R. 290 (Tribunal)] whereby the Tribunal rectified the mistake of Final Order No. 1654/07-SM (BR) dated 14-11-2007. 2. It appears from the record that by Final Order No. 1654/07-SM (BR) dated 14-11-2007, the Tribunal reduced the penalty from Rs. 1,57,896.00 to Rs. 50,000.00. The finding of the Tribunal are as under:- "3. Admittedly, the appellant have shown different values in their Income Tax Return and bank statement as compared to what has been reflected in the return filed wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he amount by invoking the extended period of limitation is ineffective. Therefore, it is implied that the penalty under Section 78 of the Finance Act, 1994 would be set aside. He further submits that in view of the findings of the Tribunal, by Order dated 2-4-2008, the penalty should be set aside. He also submits that the show cause notice for extended period of limitation is held as beyond the scope of the original show cause notice. The penalty is not warranted. He contended that the Tribunal may rectify the mistake in the Order dated 2-4-2008 in so far as the penalty is liable to be set aside. 7. Ld. DR on behalf of the Revenue strongly opposed this application. He submits that the application for rectification of mistake under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 2-4-2008, the Tribunal disposed of the application holding that the applicant deposited tax voluntarily without any protest and, therefore, the submission of the ld. Advocate that the demand of duty is barred by limitation is not sustainable and such finding would be read with Final Order No.1654 of 2007-SM(BR) dated 14-11-2007. Therefore, the present application under Section 35C(2) of the Act for rectification of mistake of Order dated 2-4-2008 passed under Section 35(C)(2) of the Act is not maintainable. There is no provision for rectification of mistake of an Order under Section 35C(2) of the Act. 9. In addition to that, it is observed that on perusal of the earlier application for rectification of mistake against Final Order da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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