2017 (12) TMI 1287

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.... Respondent - Represented by: Mr. H.M. Dixit, Asst. Comm. (AR) ORDER Per: Ramesh Nair 1. The present application is for rectification of mistake in the final order No.A/86109/17/EB dated 28/02/2017 on the following grounds: "Appeal No.E/4172/2005 filed by the applicants came up for hearing before Hon'ble CESTAT on20/09/2016. The Hon'ble CESTAT heard the both the sides and reserved the....

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....request of adjournment of the applicants and reserved the order in appeal No.E/222/2006 filed by the department. The Hon'ble CESTAT pronounced the order on 28/02/2017 allowing the Appeal No.E/222/2006 of the department. Final Order No.A/86109/17/EB dated 28/02/2017 passed by the CESTAT is enclosed as Annexure-2. 12. In view of the above events, the entire demand upheld by the Commissioner (Appe....

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....Order dated 28/02/2017. 15. The Hon'ble Tribunal in para 5 of the Final order dated 28/02/2017 is incorrect in upholding the imposition of penalty under Section 11AC, since the demand has already been set aside vide CESTAT Final Order No.A/85072/17/EB dated 2/1/2017 on merits. The applicants submit that if the Hon'ble CESTAT would have adjourned this matter till the outcome of the order of the ....

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....they have mentioned about the pendency of the appeal No.E/4172/2005 filed by the applicant. Appeal was very much argued by the Counsel for the respondent and no evidence/submission was produced in support of their claim that their appeal is pending and heard by this Tribunal. It appears that the Ld. Counsel has misguided the applicant for her gross negligency. It clearly appears that the Counsel w....