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2019 (4) TMI 167 - AT - Central ExciseRectification of mistake - mistake apparent on record or not - Held that:- In the case in hand, the case of the appellant is that while passing the order this Tribunal has not considered the correct facts of the case as per their written submissions, therefore, there is a mistake apparent on record while taking the decision, therefore, as written submission filed by the appellant, correct fact has not been recorded in the order passed by this Tribunal, therefore, it is a mistake apparent on record and required to be rectified. Although the appellant filed written submission on 06.11.2017 but the same has not been taken on record as not placed in the file before this Tribunal, in that circumstances, the written submissions filed by the appellant could not be considered, therefore, the applications for rectification of mistake allowed, in that circumstances, the matter is required to be re heard for recording the correct facts of the case and thereafter to take decision. The appeals are to be listed for reconsideration on 15.04.2019.
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