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2019 (3) TMI 947 - AT - Central ExciseRectification of mistake - seal of the packing machine was broken - Held that:- The applicant has been contending since beginning that initially on 03-03-2010 the packing machine was sealed at 4-5 different points and only one seal got loose and still the machine could not have been used without breaking seals of all the points. The Applicant has requested for verifying the fact by getting the machine checked/examined, as the said machine is still lying in a room sealed by the officers. This issue goes to the root of the matter, and requires verification for the ends of justice - There have been miscarriage of justice, as the Adjudicating Authority have used material collected behind the back, without confronting the appellant. The Final Order dated 07.11.2017 is recalled - ROM is allowed - Appeal is allowed by way of remand.
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