2017 (4) TMI 600

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....ate for the Appellants Shri. H.M. Dixit, Asstt. Commissioner(A.R.) for the Respondent Per : Ramesh Nair This application is for rectification of mistake in the final Order No.A/94266/16/EB dated 13-10-2016. 2. Ld. Counsel Shri. Rajesh Ostwal appearing on behalf of the applicant submits that in the same case against the same Order-in-Original against the applicant confirmation of demand....

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....ion of penalty by the aforesaid order dated 13-12-2004 The appellants are enclosing the copy of the Order-in-Appeal dated 24-8-2005 against which the appeal No.E/3886 & 3887/05 alongwith stay application has been filed before this Hon'ble Tribunal. The copy of the order on stay application is enclosed. He submits that as per the above grounds of appeal as well as Tribunal order dated 19-8-2....

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.... & 3887/05 and at the time of hearing order copy dated 19-8-2016 was also produced therefore this vital material could not be considered while passing the order therefore we find there is apparent mistake in the Order dated 13-10-2016. Since against the Order-in-Original whatever demand of duty and penalty was confirmed has been set aside by this Tribunal Order No.A/89440-89441/EB dated 19-8-2016 ....