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2018 (9) TMI 737 - AT - Central ExciseRecall and review of the Tribunal order no. A/10767-10769/2018 dated 23.04.2018 - rabble rousing - Principles of natural justice. Held that:- Under the Central Excise Act, the tribunal does not have any power to review its own order. However, in terms of section 35C sub section 2, the tribunal can entertain an application for rectification of mistake apparent from the record - The key is that tribunal can amend an order only “with a view to rectifying any mistake apparent from the record”. Thus, if there is no mistake apparent on record no amendment to order can be made. The facts recorded in order and as described by applicants are being examined in that perspective. It is apparent that in the instant case final decision pronounced in the court has not been altered. What has happened is that the reasoning which was given by dictation in brief in the courts, has been elaborated in the written order in so far as merits are concerned. We find that such changes are acceptable - we are not able to conclude that there is any error apparent on record as far recording of order on merit on 23/04/2018 in the court is concerned. It is not any dispute that the order in the court was pronounced by Hon'ble President, while order on 23.04.2018 was issued “Per” Member Technical. No authority has been brought before us that prescribes that the member who pronounced the order in the court is required to dictate or draft the order. In terms of Rule 26 where the gist of the decision is pronounced without the detailed order, the last paragraph shall specify the date on which the gist of decision was pronounced. In the instant case, the gist of the decision in the instant case was pronounced on 23.04.2018 and thus there is no error in the impugned order in that respect. Rule 26 also prescribes that date of final order shall be the date on which the members of the bench signed the order applied to the situation where the gist of decision is not pronounced in the court. The said clause does not apply to the instant case where the gist of decision was pronounced in the open court. There has been an error apparent on record as the order has been passed without granting any hearing to appellant's advocate and insufficient hearing to appellant - the Miscellaneous application is allowed and the order dated 23.04.2018 is recalled and the appeal is restored to its original number.
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