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TMI Blog2016 (7) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... n, Advocate - for the appellant Shri Amresh Jain, D.R. for the respondent ORDER Rectification of mistake applications have been filed seeking rectification of CESTAT Order No. 53549-53551/2015 dated 13.8.2015 on the ground that the said order is at variance with the order pronounced in the open Court, inasmuch as, as per the pronouncement in the open Court, the appeals were allowed but the afor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the open Court and that there is no error apparent pointed out by the appellant in the CESTAT order per se and therefore it is no case for rectification of mistake. 3. We have considered the contentions of both sides and perused the record. We find that the order sheet dated 13.8.2015 states as under : "Stay petitions allowed. Appeals allowed. DOF". By order". &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also the order in original dated 29.11.2013 has been set aside and case remanded for de novo adjudication. In its appeals, the appellant prayed as under : "In the circumstances it is most respectfully prayed that the Honble Tribunal may be pleased to: (a) set aside/quash the impugned Order No. 172-174/GB/2013 dated 29.11.2013 passed by the Commissioner, Service Tax, New Delhi; (b) set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o service tax demand, interest and penalty relating to "foreign exchange"). Thus even the order sheet noting dated 13.8.2015 reproduced earlier is not in disharmony with the CESTAT order dated 13.8.2015. Incidentally Supreme Court in its judgement dated 2.5.2008 in appeal (civil) 4243-4244 of 2004 in the case of State Bank of India & Ors Vs. S.N. Goyal, inter alia, observed : & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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