2000 (6) TMI 651

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....e Respondent. [Order per : J.H. Joglekar, Member (T)]. - Appeal No. C/564-V/95-Bom. filed by Commissioner of Customs, Mumbai was dismissed by the Tribunal on the following grounds : "When the matter came up for hearing on 5-5-1999, we observed that the Statement of Facts related to a totally different case namely that relating to M/s. Rajiv Enterprises. The order in appeal cited in the St....

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....ter 4 years. Then also the ld. Commissioner has not filed any application for rectification before the Tribunal but has sent the prayer to the DR's office. This shows indifference. We hold that this appeal is not maintainable and dismiss the same." 2. We find that today an application for rectification of mistake has been filed by the said Commissioner under Section 129B(2) of the Customs ....