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2007 (5) TMI 375

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.... filed by the Department (Appellant) states that there is a mistake apparent from the record, in Final Order No. 996/2005, dated 12-7-2005 passed by this Bench in Appeal No. E/617/2004. The original authority, in adjudication of a dispute between the Department and the assessee, had denied Modvat credit on certain inputs to the assessee but had not demanded interest on the credit amount or imposed....

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....as per Final Order No. 976/2005, dated 12-7-2005 ibid, whereby the ground of merger taken by the appellate Commissioner for dismissing the department's appeal was sustained. The 'error' now pointed out by the department is that one of their appeals was allowed and the other was dismissed. I have heard learned SDR, who has reiterated the prayer contained in the present application. There is nobody ....