2017 (7) TMI 1038

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....gh, Superintendent (AR), ORDER Per: Anil G. Shakkarwar The present ROM Application bearing No.ST/ROM/70054/2017 has been filed in Appeal No.ST/70082/2016 by Revenue with a request to rectify mistake in Final Order No.A[70760-70761/2016-SM[BR] dated 31/08/2016. 2. Heard the Id. Departmental Representative, who has presented the said ROM Application. 3. Heard the Id. Counsel for M/s C....

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....erefore, the date of realization has been wrongly submitted by the Id. Counsel of the party which resulted to the decision of the Hon'ble CESTAT in favour of the party." Further he has submitted that in Para 4 of the Final Order dated 31/08/2016 a typographical mistake has crept in wherein it was stated as "Similarly, in the case of refund claim filed on 29/02/2014 the dates of receipt of f....

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....05/09/2013 and not 04/10/2013, 31/10/2013. He has further brought to the notice of this Tribunal the contents of Para 13 of said appeal memorandum bearing Appeal No. ST/70082/2016 that the appellant had received consideration in foreign exchange on the following dates:- Month Invoice No. Date & Amount in USD Date of receipt in foreign exchange July, 2013 Con/13-14/IC02/0004 31.07.20....

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.... the time of everybody. He has further submitted that a copy of the appeal filed by appellant was served on Revenue and Revenue has not chosen to file any Cross Objections and Representative of Revenue was also present in court when the said Final Order dated 31/08/2016 was dictated in the court and therefore, there was no reason for the said Commissioner to make such false allegations against cou....