2008 (10) TMI 419

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...., for the Respondent. [Order]. - Revenue filed this application for rectification of mistake in Final Order No. 994-995/2008-SM (BR) dated 4-3-2008. 2. Ld. DR on behalf of the Revenue submits that on the identical issue, the Tribunal vide Final Order No. 1112/2007-SM(BR) dated 20-7-2007 [2007 (219) E.L.T. 1003 (Tribunal)] in the case of same respondent allowed the appeal filed by the....

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....f the records, I find that the main contention of the Revenue is that the Final Order dated 4-3-2008 is nullity in the eye of law. On perusal of the records, I find that the Final Order dated 20-7-2007 is an ex parte order. It is seen that the decision vide Final Order dated 20-7-2007 was not brought to the notice of the Tribunal while passing Final Order dated 4-3-2008, it cannot be a  mista....