2004 (2) TMI 644 - AT - Central Excise

Tribunal dismisses application for recall of final order under Section 11A(i) - Emphasizes limited review scope (i)

The Tribunal dismissed the appellants' application for the recall of the final order, emphasizing that the extended period of limitation under Section ... Rectification of mistake application - Mistake apparent on record Issues: Recall of final order based on extended period of limitation under Section 11A(i) and scope of Review of Order by Tribunal.In the present case, the appellants sought the recall of the final order dated 22-2-2002 of the Tribunal, which dismissed their appeal against the order of the Commissioner of Central Excise dated 27-7-2001. The main contention raised by the appellants was that the extended period of limitation under Section 11A(i) could not be invoked for demanding duty as the Department had full knowledge of the appellants' activities since 1983. The appellants argued that the Department was aware of their manufacturing and clearing of goods using another person's brand name. They also cited the judgment in the case of Flender Macniell Gears v. CCE, 2001 (127) E.L.T. 582. The Tribunal noted that all relevant facts, circumstances, and evidence had been considered in the impugned final order, along with the legal principles discussed in previous cases. The Tribunal emphasized that the scope of Review of Order is limited, and only mistakes of fact or law that are obvious and patent on the record can be corrected. Citing the judgment in the case of CCE, Calcutta v. ASCU Ltd., [2003 (151) E.L.T. 481 (S.C.)], the Tribunal concluded that non-appreciation of facts or evidence in the manner desired by the appellants does not constitute a mistake apparent on the face of the order warranting its recall and rehearing. Therefore, the Tribunal dismissed the appellants' application for Review of Order, finding no merit in it.This judgment highlights the importance of the extended period of limitation under Section 11A(i) in demanding duty and the limited scope of Review of Order by the Tribunal. It underscores that mistakes justifying a recall must be obvious and patent, rather than requiring extensive reasoning to establish. The judgment also emphasizes the need for parties to present clear and compelling evidence to support their claims, as the Tribunal will base its decisions on the facts and evidence before it.