2007 (12) TMI 398 - AT - Central Excise

Rectification applications thoroughly analyzed; misunderstandings clarified, arithmetical mistake rectified, fair resolution ensured. Consider all submissions.

YOGI BEARING CO. PVT. LTD. Versus COMMISSIONER OF C. EX., RAJKOT

YOGI BEARING CO. PVT. LTD. Versus COMMISSIONER OF C. EX., RAJKOT - 2009 (236) E.L.T. 185 (Tri. - Ahmd.) Issues:1. Rectification of mistakes in the Tribunal's order regarding violation of principles of natural justice and confiscation of goods.2. Lack of findings by the Tribunal on seized goods leading to applications for recall of the order.3. Department's application for rectification of an arithmetical mistake in the total confirmed demands.Analysis:1. Rectification of Mistakes:- M/s. Yogi Bearing Co. Pvt. Ltd. filed an application for rectification, claiming the Tribunal did not consider their contentions on natural justice violations and confiscation of goods. They argued that copies of requested documents were not provided, and cross-examination of a key witness was not allowed. However, the Tribunal found these contentions were considered during the proceedings and after reviewing records, the order was passed.- The Tribunal highlighted that cross-examination in adjudication proceedings is not an absolute right but depends on the case's circumstances. The applicant was given opportunities for cross-examination during the process, and the Commissioner had considered various affidavits. The failure to provide documents and cross-examination requests were not strongly raised earlier.2. Lack of Findings on Seized Goods:- Another application by M/s. Yogi Marketing Pvt. Ltd. raised concerns about the lack of Tribunal findings on seized goods, leading to a request for recalling the order. The Tribunal clarified that findings on the confiscated goods were indeed present in the order, refuting the applicant's claim of factual inaccuracies.3. Arithmetical Mistake Rectification:- The Department's application highlighted an arithmetical error in totaling the confirmed demands. Both parties agreed on the mistake, leading to a rectification where the duty demand was corrected from Rs. 39,10,287/- to Rs. 40,10,287/-.In conclusion, the Tribunal addressed the rectification applications by thoroughly examining the issues raised by the parties. The judgment emphasized the importance of considering all submissions and records before passing an order. It clarified misunderstandings regarding findings on confiscated goods and rectified the arithmetical mistake in the total demands. The applications were disposed of based on the above considerations, ensuring a fair and accurate resolution of the legal matters presented before the Tribunal.