2007 (5) TMI 509

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....te, for the Appellant. Shri Vasa Seshagiri Rao, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  This application filed by the appellants says that there is an apparent error in Final Order No. 1244/06 = 2007 (210) E.L.T. 602 (Tribunal) dated 30-11-2006 passed by this Bench in their Appeal No. C/l5/2000. The error, which is described as one 'apparent on the face of ....

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.... the applicant submits that this Bench erred in not considering the decision in Gauri Enterprises (supra) as well as the decision in Care International v. Commissioner of Customs, Madras [1994 (69) E.L.T. 74 (Tri.)] which was followed by the Bench in Guari Enterprises (supra). It is, therefore, prayed that the final order be recalled and the case be disposed of afresh after hearing both sides. Lea....

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....h when the final order was passed. In the circumstances, as rightly pointed out by learned SDR, it cannot be said that any of the decisions cited in the present application was a part of the record of the case when the final order was passed. Consequently, non-consideration of such case law would not be an error of the kind described as "error apparent on the face of the record". No other error ha....