9911796707
TMI Blog2010 (3) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... ajendran, JDR, for the Respondent. [Order per: M.V. Ravindran, Member (J)]. - This application for rectification of mistake is filed by the appellant/applicant in respect of our Final Order Nos. 810 & 811/09, dt. 23-6-2009. 2. The ld. Counsel appearing on behalf of the appellant submits that there is an error in our order. He would draw our attention to the grounds taken in the affidavit along w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner's order dated 29-8-1997 under Sec. 3(A) the capacity of the applicant was determined at 1600 MTS. per annum, the demand raised in the present case for 1496MTS. for 6 months alone in any case is not sustainable and if at all demand can be raised, only on the quantum of 800MTS for 6 months and not on 1496MTS. b. It is submitted, vide ground No. XXVIII of the grounds of appeal, it was submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not considered the statements given by the 3rdf parties given during the cross examination. During the cross examination the statements given earlier were denied. f. It is submitted, from the beginning, the applicant was disputing and disowning the private records maintained by the 3 party, recovered from 3 party premises and such authors who have maintained the alleged private records were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove reproduced grounds, taken by the appellant/applicant in the supporting affidavit to application for ROM is nothing but trying to argue the entire case afresh before us. It is seen from the Final Order dt. 23-6-2009, all the grounds which have been raised by the applicant are ad dressed by us in the reasonings recorded in paragraphs 9, 10, 11 and other para graphs. It is a settled law, that un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nearthed by the officers during the search and seizure operations, indicate a modus operandi of clandestine removal of goods. It goes without saying, the question of limitation does not arise in these type of cases. 7. Accordingly, we are of the considered view that the application for rectification of mistake is devoid of any merits and there is no mistake apparent on the face of the records. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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