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2013 (6) TMI 34 - MADHYA PRADESH HIGH COURTReview petition - order passed by the Tribunal is in violation of the order passed by the Supreme Court inasmuch as the order was to be passed after recording the evidence - whether the Customs, Excise & Service Tax Appellate Tribunal could have pass an order in violation of the order passed by the Supreme Court? - Held that:- Additional Commissioner on the basis of the application filed by the appellant under Section 35 (c) (2) of the Central Excise Act, 1944, seeking rectification of the order by the Tribunal and the Tribunal, though dismissed the application, but made certain observations and on the basis of the said observations, the matter was taken into consideration by the petitioner department itself and the Additional Commissioner vide letter dated 04.02.2013 had directed to the Deputy Commissioner, Customs & Central Excise, Pithampur, the aforesaid order was passed disposing of the appeal by setting aside the order of the Tribunal. No apparent error on the face of record so as to invoke the jurisdiction of review, which is extremely limited - impose cost of Rs.20,000/- on the petitioner.
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