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        Case ID :

        2016 (6) TMI 862 - AT - Customs

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        Rectification granted for order mistake, shipping bill issue not rectified. Legal principles followed. The Tribunal partially allowed the Revenue's application for rectification, correcting the order to address the mistake related to the disposal of ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Rectification granted for order mistake, shipping bill issue not rectified. Legal principles followed.

                              The Tribunal partially allowed the Revenue's application for rectification, correcting the order to address the mistake related to the disposal of appeals. The Tribunal did not agree to rectify the issue concerning the assessment of shipping bills, emphasizing that a detailed review of evidence was not permissible under the law. The decision was made in accordance with legal principles, citing the Supreme Court's ruling in a similar case.




                              Issues:
                              Rectification of mistake in Tribunal order regarding disposal of appeals and assessment of shipping bills.

                              Analysis:
                              1. The Revenue filed an application seeking rectification of mistake in the Tribunal Order dated 20.10.2015. The Ld AR for the Revenue pointed out two mistakes in the order. Firstly, the order disposed of appeals pertaining to two OIOs, but only one order was mentioned on the title page. The Tribunal agreed with this mistake and rectified it by correcting the reference to the OIO numbers. Secondly, the AR argued that the Tribunal incorrectly considered that the shipping bills were finally assessed based on a letter from the Principal Commissioner of Customs. However, it was revealed that the bills were only provisionally assessed, leading to an error in the Tribunal's decision that the demands were time-barred.

                              2. The Ld Counsel for the appellants contended that the shipping bills were indeed finally assessed as per the Commissioner's letter and other evidence. However, the Tribunal noted that delving into this matter would amount to reviewing its own order, which is not permissible under law. Citing the decision in CCE, Belapur, Mumbai vs. RDC Concrete (I) P Ltd, the Counsel argued against a detailed re-examination of the order.

                              3. After considering both arguments and examining the records, the Tribunal concluded that the AR's contention regarding the shipping bills required a review of evidence, which is not allowed under law. Referring to the Supreme Court's decision in RDC Concrete (I) P Ltd case, the Tribunal emphasized that rectification of a mistake should be evident and not involve a lengthy process of reasoning. Therefore, the Tribunal did not accede to the Revenue's request for rectification based on the shipping bills assessment issue.

                              4. Consequently, the Tribunal partially allowed the Revenue's application for rectification and corrected the subject order dated 20.10.2015 to address the mistake related to the disposal of appeals, as highlighted in paragraph 3 of the judgment. The decision was pronounced in open court, adhering to the legal principles discussed during the proceedings.
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                              ActsIncome Tax
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