1999 (12) TMI 482 - AT - Central Excise

Tribunal allows Revenue's appeal, deems Reference Applications timely filed based on Peon Book evidence.

The Appellate Tribunal allowed the Miscellaneous Applications filed by the Revenue seeking a modification of its earlier Order, which dismissed Reference ... Rectification of Mistake - Reference to High Court Issues:1. Modification of Tribunal's Order on time-bar issue.2. Evidence of actual date of receipt of Tribunal's Order.3. Commissioner's contention on Tribunal's observations.4. Understanding of Tribunal's Order by the Commissioner.Issue 1: Modification of Tribunal's Order on time-bar issueThe Appellate Tribunal received Miscellaneous Applications from the Commissioner of Customs seeking a modification in the Tribunal's earlier Order. The Reference Applications filed by the Revenue were initially dismissed on the grounds of being time-barred. Subsequently, a Miscellaneous Application was filed by the Revenue stating an error in the date of receipt of the Order. However, as no evidence was provided to support this claim, the Miscellaneous Application was also dismissed. The Revenue then produced evidence showing the actual date of receipt of the Tribunal's Order, supported by a stamp on the covering letter. The Tribunal considered the evidence from the Peon Book, confirming the receipt date as 4-11-1997, which rendered the Reference Applications within the permissible time frame. Consequently, the Tribunal recalled its previous Orders and allowed the Miscellaneous Applications.Issue 2: Evidence of actual date of receipt of Tribunal's OrderThe Revenue submitted evidence indicating that the Tribunal's Order was received on 4-11-1997, contrary to the initially recorded date. The evidence included the stamp on the covering letter and references to the Peon Book, a record of receiving Tribunal Orders. Upon verifying the Peon Book entries, the Tribunal confirmed the actual receipt date, enabling a favorable decision on the timeliness of the Reference Applications. The reliance on documentary evidence and procedural practices played a crucial role in establishing the correct date of receipt.Issue 3: Commissioner's contention on Tribunal's observationsThe Commissioner raised concerns regarding the Tribunal's observations in a previous Order, suggesting discrepancies in the understanding of the timeline of events. The Commissioner disputed the Tribunal's characterization of the Revenue's actions as being delayed by a year, emphasizing the correct interpretation of the filing dates and dispatch timelines. The Tribunal clarified that the Commissioner's interpretation of the Tribunal's Order was inaccurate and highlighted the need for a precise understanding of the language used in legal documents to avoid misinterpretations.Issue 4: Understanding of Tribunal's Order by the CommissionerThe Commissioner's comments on the Tribunal's Order reflected a misunderstanding of the Tribunal's observations and conclusions. The Tribunal clarified that its remarks were focused on the lack of evidence provided by the Revenue regarding the date of receipt of the Order, rather than the timing of the Reference Applications. The Tribunal emphasized the importance of accurate interpretation of legal language and cautioned against drawing incorrect conclusions based on misinterpretations. Ultimately, the Tribunal allowed the Miscellaneous Applications, indicating a resolution of the issues raised by the Commissioner's contentions.