Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 159 - AT - Central ExciseRectification of mistake - case of applicant is that their submissions were not only not taken on record but had also not been dealt with - Held that:- It is on record that four opportunities were provided to the appellant before the proceedings were concluded ex-parte. We take note that the order of the order of the Tribunal, in which it is alleged that the mistakes have occurred, did refer to a communication from the appellant about the pendency of the writ petition before the Hon'ble High Court of Bombay. Undoubtedly, it was letter dated 5th February 2008 that brought the fact to the notice of the adjudicating authority but order of the Tribunal, though dating the communication as 31st January 2008, did take note of the letter referred to now by Learned Counsel - The Tribunal has also taken note of the reasons for denial of cross-examination. Also taken note of is that the notice was issued on the basis of documents recovered from their factory and these were acknowledged to have been received by the co-noticee. The reference to letter dated 31st January 2008 in paragraph 5 of the order of the Tribunal may be read as 5th February 2008. Application disposed off.
|