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2017 (2) TMI 1055 - CESTAT, AHMEDABADRectification of mistake - non-appearance of applicant - ex-parte order - Benefit of N/N. 21/2002 - Held that: - this Tribunal cannot re-consider and re-decide the same appeal under the guise of rectification of mistake, which would be in the category of review of its own order, when the said power of review has not been provided to this Tribunal - In this regard, the Hon’ble Supreme Court in the case of Commissioner of Central Excise, Belapur, Mumbai vs. RDC Concrete (India) P. Ltd [2011 (8) TMI 25 - SUPREME COURT OF INDIA], has held that power to rectify a mistake should be exercised when the mistake is a patent one and should be quite obvious, placing reliance in the case of T.S. Balram v. M/s. Volkart Brothers [1971 (8) TMI 3 - SUPREME Court] - ROM filed by the applicant lack in sufficient force and merit - ROM dismissed.
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