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2018 (7) TMI 406 - AT - Central ExciseRectification of mistake - the Revenue in the grounds of appeal had prayed for remanding the matter to the Commissioner (Appeals) - Held that:- Paragraph number 5 of the Final Order dated 03.08.2017 is hereby rectified/modified as: “The appeal filed by the Revenue is allowed by way of remand to the Commissioner (Appeals)" - ROM application allowed. Recall of Order No. FO/76460/2017 dated 03.08.2017 - recall on the sole ground that the appeal was required to be disposed of by the Division Bench of this Tribunal - Held that:- The Misc. Application (ROA) No. 76111/2017 received by the Registry on 31.10.2017 has not been signed and verified by the respondent assessee and the Registry should not have received the unsigned application and accordingly in all fairness, the application become infractuous and is accordingly dismissed being defective by all means - there is no substance in the application for recalling of the order filed by the respondent assessee - Misc. Application for (ROA) is accordingly dismissed.
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