2003 (5) TMI 276

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....None, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  This is an application filed by the Revenue for rectification of mistake in Tribunal's Misc. Order No. M/356/2002-NB, dated 7-11-2002 by which the Tribunal has recalled its Final Order Nos. A/466-68/2002-NB(D), dated 19-4-2002 [2002 (145) E.L.T. 649 (Tri. - Del.)]. 2. When the matter was called, no one was pres....

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....ot entitled to vary the terms of the Order as held by the Supreme Court in the case of Dwarka Das v. State of M.P., AIR 1989 SC 1031. 3. We have considered the submissions of the learned Departmental Representative. First of all, the application for rectification of mistake under Section 35C(2) of the Central Excise Act lies against the Order passed by the Tribunal under Section 35C of the....