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    <title>2001 (6) TMI 77 - CEGAT, COURT NO. IV, NEW DELHI</title>
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    <description>A mere note of proceedings in the order sheet, when it is not an operative order, does not ordinarily amount to a rectifiable mistake under section 35C(2) of the Central Excise Act, 1944. The Tribunal treated the recorded note as a hearing note rather than a substantive order in the appeal, and found no surviving grievance because the date mentioned had already passed and the matter had been fixed for a later hearing. Rectification was therefore not accepted as a basis for interfering with the appeal proceedings, although consequential directions were issued for fresh hearing arrangements and notice to the parties.</description>
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      <link>https://www.taxtmi.com/caselaws?id=48972</link>
      <description>A mere note of proceedings in the order sheet, when it is not an operative order, does not ordinarily amount to a rectifiable mistake under section 35C(2) of the Central Excise Act, 1944. The Tribunal treated the recorded note as a hearing note rather than a substantive order in the appeal, and found no surviving grievance because the date mentioned had already passed and the matter had been fixed for a later hearing. Rectification was therefore not accepted as a basis for interfering with the appeal proceedings, although consequential directions were issued for fresh hearing arrangements and notice to the parties.</description>
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