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<h1>Tribunal dismisses application for rectification due to lack of appeal awareness.</h1> The miscellaneous application for rectification of mistake in the Tribunal's order was dismissed as the bench was unaware of any appeal filed by Revenue. ... Rectification of mistake - it is contended that the impugned order cannot be set aside in its entirety inasmuch as the appeal filed by Revenue has not yet been taken up for hearing - Held that:- Considering the fact that the bench was not aware about filing of any appeal by Revenue and moreover, the order dated 05.07.2018 was dictated and pronounced in the open court, in presence of both sides, it cannot be said that there was an apparent mistake in the order of the Tribunal, which can be recalled for rectification - ROM application dismissed. The applicant filed a miscellaneous application for rectification of mistake in the order passed by the Tribunal. The bench was not aware of any appeal filed by Revenue, so the application was dismissed. (2019 (3) TMI 446 - CESTAT MUMBAI)
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