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2009 (12) TMI 277 - CESTAT, NEW DELHIRectification of mistake-Tribunal order stated as passed without considering relevant judgment of Supreme Court. Impugned order pronounced by Tribunal on 27.08.2008 while by Supreme Court on 29.09.2008. mistake not committed by Tribunal as overlooking such decision not arises. Tribunal larger bench ruling in 2006(202) E.L.T. 177 (Tribunal-LB) holding order rectifiable based on Apex Court ruling when contrary view taken by subordinate authorities, not applicable. Order issued prior to pronouncement of decision by Supreme Court cannot be modified by rectification. Appropriate remedy to be sought in such case. Application rejected.
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