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2017 (4) TMI 600 - AT - Central ExciseRectification of mistake - appellant claims that Since the Tribunal order dated 19-8-16 and the grounds of appeal were not considered there is apparent mistake in the final order dated 13-10-2016 - Held that: - there is apparent mistake in the Order dated 13-10-2016. Since against the Order-in-Original whatever demand of duty and penalty was confirmed has been set aside by this Tribunal Order No.A/89440-89441/EB dated 19-8-2016 in Appeal No.E/3886 & 3887/05. Penalty in the present case being consequential to the said demand of duty will not survive, accordingly Order No.A/94266/16/EB dated 13-10-2016 is recalled, and after considering the fact that demand case has been already decided in favor of the applicant, Appeal No.E/1982/06-Mum is allowed - ROM application allowed.
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