Rectification for apparent mistake is limited to patent record errors; arguable compliance issues cannot reopen the final order.

Rectification under the mistake-apparent-from-record standard is confined to obvious and patent errors, not issues requiring prolonged reasoning or two possible views. In this CESTAT note, the Tribunal's earlier order had already considered the importer's submission on clearance through Nhava Sheva and the relevance of the bill of entry being filed at CFS, Patparganj. Since the alleged error was not self-evident from the record and turned on an arguable view of compliance with Rule 43A of the Drugs and Cosmetics Rules, no rectification was warranted. The application was therefore dismissed and the final order remained undisturbed.

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Issues: Whether the final order suffered from a mistake apparent from the record in treating import through Nhava Sheva as insufficient compliance with Rule 43A of the Drugs and Cosmetics Rules, 1945 and in treating the place of filing of the bill of entry as relevant.

Analysis: Rule 43A restricts import of drugs through the places specified therein. The order under rectification had proceeded on the basis that the goods were cleared through a place not specified under the rule and that the bill of entry was filed at CFS, Patparganj. Section 46 of the Customs Act, 1962 requires the importer to present a bill of entry for home consumption or warehousing, making the place of presentation relevant to compliance. A mistake apparent from the record must be obvious and patent and cannot be established by a long-drawn process of reasoning or where two views are possible. The record showed that the Tribunal had considered the submission regarding import through Nhava Sheva and had not omitted to deal with it in a manner constituting an obvious error.

Conclusion: No mistake apparent from the record was shown, and the application for rectification was rightly dismissed.

Final Conclusion: The earlier final order was left undisturbed, and the request to rectify it failed.

Ratio Decidendi: Rectification lies only for an obvious and patent mistake on the face of the record, and where the Tribunal has already considered the material and the conclusion turns on an arguable view of compliance, no rectification is permissible.

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