1991 (8) TMI 177

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....ice in absence of evidence merely on the basis of surmises. (b) Plea against enhancement of invoice value there being no whisper of allegation of illegal remittance of Foreign Exchange, over and above the L.C. value. (c) Plea against not giving the same standard of credence to the foreign suppliers' two certificates dated 17-3-1975 and 28-8-1981 by the learned Collector (Appeal) thereby prejudicing the appellants' case. (d) Plea that the appellants having no truck with the manufacturers, it was not possible for them to submit the manufacturers invoice. (e) Mistakenly held that "39.5% share holding of the U.K. Company in the equity capital of appellants shows mutual interest in the business of each other." Which was against the e....

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....he following decision on the question that the Tribunal was empowered to rectify a mistake in its order which was apparent on the face of that record :- (1)  Md. Irfan Khan v. Superintendent of Central Excise, Moradabad & Another - AIR 1960 Allahabad 402. (2)  National Textile Corporation Ltd. v. Collector of Customs, Bombay - 1987 (32) E.L.T. 783. (3)  Indian Airlines v. Collector of Customs, New Delhi - 1989 (23) ECR 544 (CEGAT). (4)  Protiva Rani Samanta v. Collector of Central Excise, Calcutta - 1984 (15) E.L.T. 482. (5)  Popular Jewellers -1991 (52) E.L.T. 399 (Tribunal). (6)  Laxmi Vijay Brass & Iron Works. - 1991 (17) ETR 507. 6. On the merits of the order passed by the Tribunal on w....

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.... obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. He also referred to another judgment of the Supreme Court in the case of Satyanarayan Laxminarayan Hegde v. M.B. Tirumale - AIR 1960 S.C. 137 in which it was decided as under : Where, therefore, an alleged error is far from self-evident and if it can be established, it has to be established, by lengthy and complicated arguments, such an error cannot be cured by a writ of certiorari according to the rule governing the powers of the superior court to issue such a writ. 8. We have carefully examined the records of the case and given our earnest consideration to the submissio....