2017 (12) TMI 978

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....: SS GARG Appellant has filed an application under Section 129B(2) of the Customs Act for rectification of mistake in the Final Order No.20895/2017 dt 15/06/2017 passed by this Tribunal vide which the Tribunal has remanded the matter to the original adjudicating authority to decide the issue of jurisdiction after the availability of Supreme Court's decision in the case of Mangali Impex and th....

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....ounsel for the applicant submitted that this Tribunal while remanding the appeal has relied upon the decision of the Hon'ble Supreme Court in the case of Chandana Impex Vs. CCE, Delhi [2012(26) STR 257 (SC)] wherein the case was remanded to the Tribunal with a direction to examine the issue of jurisdiction afresh in the light of the decision in CCE Vs. Sayed Ali. He further submitted that the ....

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.... to be corrected by the present application. He further submitted that the appellant in garb of this application wants to review the order on merit which does not fall within the scope of ROM application. He further submitted that if the appellant is aggrieved by the impugned order, then the remedy lies before the Hon'ble High court and not by way of ROM. In support of his submission, he relie....