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CCE, Tirunelveli Versus M/s. The India Cements Ltd.

2015 (9) TMI 1263 - CESTAT CHENNAI

Rectification of mistake - final order was not dictated in the open court in the presence of the consultant who appeared for the case but only pronounced as dismissed and detailed order was to follow since an abbreviation DOF is recorded against the .....

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d to at the outset since the only power vested with the Tribunal is to rectify the mistake apparent from record but not to review its own order without power of review vested with it. Therefore for no rectifiable mistake apparent from the record - Re .....

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ned counsel Shri C. Saravanan for respondent submits that it was to his utter surprise he found that Final Order No. 1182/2005 dated 1.9.2005, came up from Tribunal allowing Revenues appeal although, in the open court, it was ordered that the appeal .....

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d and that was cut putting the line across the same. That was also authenticated by signature of the presiding member of Tribunal. Thereafter, an order recorded as allowed appeared in order sheet without any initial thereto. This has shaken confidenc .....

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t only pronounced as dismissed and detailed order was to follow since an abbreviation DOF is recorded against the order recorded in order sheet as dismissed. Therefore, he prays for correction of the final order to result in dismissal of appeal of Re .....

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