2009 (6) TMI 729

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Respondent. [Order per : Archana Wadhwa, Member (J)]. - Arguing in support of the ROM application, Shri M.H. Patil, learned advocate draws our attention to the factual recording made in the order passed by learned Member (Technical), wherein he has differed with the order drafted by Member (Judicial). He submits that Member (Technical) has concluded on the ground that no permission was grante .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ained finality. In this regard, he refers to the Tribunal's decision in case of CCE, Vadodara v. Baron International Ltd. as reported in 2008 (224) E.L.T. 402 (Tribunal) = 2008 (10) S.T.R. 35 (Tri.-Ahmd.). 3. We agree with the learned JDR on the above legal position. As such, we are of the view that ROM cannot be entertained at this stage. The appellant is at liberty to bring the factual err .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X