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    <title>2009 (8) TMI 1028 - CESTAT AHMEDABAD</title>
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    <description>Rectification is limited to correcting a mistake apparent from the record and cannot be used to reopen a concluded decision or obtain review. In this excise context, the depreciation objection failed because the record showed depreciation had been allowed, and the plea was treated as a reargument rather than a patent error. The jurisdictional objection also failed: proceedings under the erstwhile Central Excise Rules, 1944 were held sustainable despite omission of Rule 57U, because Section 38A of the Central Excise Act, 1944 preserves such actions. The cited contrary decision was treated as distinguishable, and the rectification application was held not maintainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=153652</link>
      <description>Rectification is limited to correcting a mistake apparent from the record and cannot be used to reopen a concluded decision or obtain review. In this excise context, the depreciation objection failed because the record showed depreciation had been allowed, and the plea was treated as a reargument rather than a patent error. The jurisdictional objection also failed: proceedings under the erstwhile Central Excise Rules, 1944 were held sustainable despite omission of Rule 57U, because Section 38A of the Central Excise Act, 1944 preserves such actions. The cited contrary decision was treated as distinguishable, and the rectification application was held not maintainable.</description>
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