2010 (3) TMI 667

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.... for the Appellant. Shri M. Ravi Rajendran, JDR, for the Respondent. [Order per: M.V. Ravindran, Member (J)]. - This application for rectification of mistake is filed by the appellant/applicant in respect of our Final Order Nos. 810 & 811/09, dt. 23-6-2009. 2. The ld. Counsel appearing on behalf of the appellant submits that there is an error in our order. He would draw our attention to t....

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....appeal it was submitted that since vide Commissioner's order dated 29-8-1997 under Sec. 3(A) the capacity of the applicant was determined at 1600 MTS. per annum, the demand raised in the present case for 1496MTS. for 6 months alone in any case is not sustainable and if at all demand can be raised, only on the quantum of 800MTS for 6 months and not on 1496MTS. b. It is submitted, vide ground No.....

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....nly the statement recorded during the investigation and not considered the statements given by the 3rdf parties given during the cross examination. During the cross examination the statements given earlier were denied. f. It is submitted, from the beginning, the applicant was disputing and disowning the private records maintained by the 3 party, recovered from 3 party premises and such authors ....

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....the time of personal hearing. 5. It can be seen from the above reproduced grounds, taken by the appellant/applicant in the supporting affidavit to application for ROM is nothing but trying to argue the entire case afresh before us. It is seen from the Final Order dt. 23-6-2009, all the grounds which have been raised by the applicant are ad dressed by us in the reasonings recorded in paragraphs ....