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2023 (5) TMI 258 - AT - CustomsRefund of Antidumping duty - Appellant had wrongly typed the adjudication No. as 108 which should have been correctly typed as - /08 - HELD THAT:- The appeal number, file number, date of order, authority passing the order and the party being same, error in typing out a wrong appeal number would not have any impact on the decision rendered by this Tribunal in respect of the said order and, therefore, there is no requirement of agitating the same matter again before this Forum. Now coming to the legality of the order subsequently passed through an addendum/corrigendum appropriating the amount paid by the Appellant towards Antidumping duty etc., it can be said that the said order is passed without authority of the law since it is a settled principle of law, as has been affirmed by the Hon'ble Supreme Court in the case of STATE BANK OF INDIA & ORS VERSUS S.N. GOYAL [2008 (5) TMI 649 - SUPREME COURT] and HARI SINGH MANN VERSUS HARBHAJAN SINGH BAJWA [2000 (11) TMI 1221 - SUPREME COURT] and in many other decisions, that the court becomes functus officio the movement an official order disposing of case is signed and such an order cannot be altered except to the extent of correcting a clerical or grammatical error while a Quasi-Judicial Authority will become functus officio only when its order is pronounced, or published/notified or communicated (put in the course of transmission) to the party concerned. Such invalid order passed subsequent to the order signed, pronounced and communicated has to be set aside - Appeal allowed.
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