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Central Excise - Highlights / Catch Notes

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The case involved the maintainability of rectification ...


Rectification of mistake: Can't fix mistakes in certain final orders. Important to follow rulings.

Case Laws     Central Excise

June 26, 2024

The case involved the maintainability of rectification applications u/s 35C of the Central Excise Act. The CESTAT held that orders under 35C are final, not deciding references. Referring to previous rulings, the Tribunal established that rectification applications for orders under 35C are not maintainable. The argument that a Larger Bench's order should be considered final due to Division Bench compliance was rejected. Consequently, rectification applications for mistakes in an interim order were deemed not maintainable, leading to the rejection of five such applications.

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