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2015 (10) TMI 1202 - CESTAT MUMBAI

2015 (10) TMI 1202 - CESTAT MUMBAI - 2015 (323) E.L.T. 609 (Tri. - Mumbai) - Rectification of mistake - Non consideration of written submission - Held that:- Under Section 129B (2) the Tribunal may amend any order with a view to rectifying any mistake apparent from the record. A rectifiable mistake must be obvious and must not be such that its rectification leads to re-writing the Order on merits. Rectification should not result in review of the Order. Therefore we agree with the Ld. Counsel tha .....

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l), JJ. For the Petitioner : Shri M.H. Patil, Advocate For the Respondent : Shri Ahibaran, Additional Commissioner (A.R.) ORDER Per : P.S. Pruthi ROM application is filed against final Order No. A/315/15/CB dt. 11.2.2015 on the ground that written submissions submitted on 29.1.2015 were not considered by the Bench while recording its Order. 2. The Ld. Counsel submitted that rectification of mistake application can be allowed if the written submissions are not considered while disposing the appea .....

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while passing the Order dt. 11.02.2015. 4.1. Under Section 129B (2) the Tribunal may amend any order with a view to rectifying any mistake apparent from the record. A rectifiable mistake must be obvious and must not be such that its rectification leads to re-writing the Order on merits. Rectification should not result in review of the Order. Therefore we agree with the Ld. Counsel that non recording of the written submissions is a mistake apparent on record. At the same time we note that in our .....

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