2005 (1) TMI 518

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....ocate, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application is seeking rectification of what is said to be a "mistake apparent from the record" in final order No. 153/2004 dated 17-2-2004 [2004 (166) E.L.T. 426 (T)] passed by us in the captioned appeal. This is the second application of its kind from the Revenue. In the first ROM application filed by them, we had acc....

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....inable. 3.After considering the submissions and noting the undisputed fact that the department's Civil Appeal against our Final Order is pending before the apex Court, we do not think that the present application can be maintained. It is, by now, well settled that the Tribunal's jurisdiction to rectify its order under Section 35C is limited. The department has chosen to invoke the wider jurisdi....