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Issues: Whether the demand was hit by limitation and whether the omission to record the limitation plea in the Tribunal's earlier order constituted an error apparent on the face of the record warranting rectification.
Analysis: The application showed that the limitation plea had been raised in the appeal and during hearing, but was not reflected in the order because the connected appeals were heard together and the arguments were adopted in both matters. On the merits of limitation, the Tribunal noted that Rule 57-I was to be read with Section 11A of the Central Excises Act, 1944, and found no misstatement, suppression, or intention to evade payment of duty. In those circumstances, the demand could not survive limitation.
Conclusion: The limitation objection was accepted, and the omission in the earlier order was rectified by incorporating the finding that the demand was time-barred.