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2019 (7) TMI 627

the interests of justice, an order is required to be passed on merits. However, since the same cannot be passed without recalling my earlier order, the Final Order is required to be recalled to this extent. The Miscellaneous Application for rectification of mistake to this extent is correct and the Final Order No. 40406/2019 dated 06.03.2019 in the above case is recalled, to be heard afresh on mer .....

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ri. B. Balamurugan, Ld. AR, appeared on behalf of the Revenue. 3. In the application for rectification of mistake, the assessee has tabulated various issues from page number 2 onwards and contended that the non-consideration/no specific finding amounted to error apparent on record. 4. On the other hand, the Ld. AR contended that the order of this Bench does not suffer from any apparent mistake whi .....

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I find that the arguments were advanced on the same issue and not on the various grounds taken, but however, the order has been passed on the issue since, as observed supra, various grounds are taken in different styles for a common issue. 7. Coming to the merits, I find that there is an error of not passing an order on merits and hence, in the interests of justice, an order is required to be pass .....

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