2010 (8) TMI 266

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....p;   Shri Madhur Baya, Advocate, for the Appellant. Shri V.K. Singh, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - In this application, M/s. Sunitidevi Singhania Hospital & Medical Research Centre (appellant in C/448/02) points out what they consider "apparent mistakes" in the Tribunal's final order No. A/71 to 74/WZB/06 dated 19-1-2006. The above appeal was ....

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....enefit of Notification 64/88-Cus. ibid, to the appellants but reduced the quanta of fine and penalty imposed on one of the appellants to Rs. 3 lakhs and Rs. 1 lakh respectively. Aggrieved by the said final order, M/s. Sunitidevi Singhania Hospital & Medical Research Centre filed application No. C/1077/06 for "rectification of mistake". The said application was disposed of by clarifying that the re....

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....ROM application vide Sunitadevi Singhania Hospital Trust v. UOI - 2009 (233) E.L.T. 295 (S.C.). 2. In the present proceedings, the learned counsel for the applicant has prayed for recall of the earlier final order in so far as this applicant is concerned. The basis of this prayer is that the facts of the case of Sunitidevi Singhania Hospital & Medical Research Centre were not considered i....

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....e facts of the appellants' case or not". Elsewhere in the order of the Apex Court, there are observations to the effect that this Tribunal, in final order dated 19-1-2006, did not consider the appellant's case on merits. There Lordships also held to the effect that the present application could be considered on merits without reference to Section 129B of the Customs Act. 4. After applying....