2013 (10) TMI 901

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.... We have examined order dated 31st October, 2012. Learned counsel for the appellant submits that the Customs, Excise and Service Tax Appellate Tribunal (tribunal) has opined that law does permit review and, therefore, the application was dismissed. He relies upon order of the High Court dated 9th February, 2012. 2. To our mind, this is not the correct reading of the impugned order dated 31st....

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....w of own order of the Tribunal. Tribunal having no power of review its own order, Misc. application for restoration of appeal is dismissed." 3. In other words, the clear finding recorded by the tribunal is that the merits as such was not argued before them when order dated 3rd June, 2011 was passed by the Customs, Excise and Service Tax Appellate Tribunal. At that time, as per the tribunal, onl....

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.... is reasonable. The actions of this Appellant had resulted in revenue loss to the tune of Rs.3.26 lakhs by way of DEPB licenses and this loss cannot be recovered because such licenses get sold to third parties. Considering this aspect the penalty of Rs.3.00 lakhs imposed is reasonable and does not require interference by this Tribunal." 4. Appeal filed against the order dated 3rd June, 2011 was....