TMI Blog1989 (12) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Member (J)]. - The Collector of Central Excise, Calcutta has filed the abovecaptioned application for rectification of mistakes in Order No. 436/87-B1, dated 23rd June, 1987. Shri K.D. Tayal, learned SDR has appeared on behalf of the Collector. He has reiterated the contentions made in the application for rectification of mistake. Shri Tayal pleaded that while disposing of the appeal the Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake in the order. The Bench had considered all the aspects. In support of his argument, he has referred to the following judgments : 1. Entremonde Polycoaters Private Limited, Nasik v. Collector of Central Excise, Pune -1984 (18) E.L.T. 310 (Tribunal). 2. Indian Granite Limited, Hyderabad v. Collector of Central Excise, Hyderabad -1989 (14) ETR 547. Shri Kapoor has stated that the Bench had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Supreme Court in the case of J.K. Steel Ltd. -1978 E.L.T. J 355. We have reproduced relevant extract from the order of the Tribunal. We find that the Bench had come to the conclusion after taking into consideration the judgments cited by both sides. Hon ble Supreme Court in the case of T.S. Balaram v. Volkart Bros. reported in AIR 1971 SC 2004 had held that: A mistake apparent on the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings of this kind are those where a party as of right can apply for re-consideration of the matter already decided upon after a fresh hearing on the merits of the controversy between the parties. Such a remedy must be provided by the statute. The inherent power to rectify a wrong committed by itself, by a court or Tribunal, is not, really speaking, a power to review. The two powers operate in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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