2008 (3) TMI 190

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....Sudha Koka, SDR, for the Respondent.   [Order per : T.K. Jayaraman, Member (T) (Oral)]. - This application for Rectification of Mistake (ROM) has been filed under Rule 41 of the CESTAT Rules against Final Order No. 1369-1373/2006, dated 23-8-2006 in respect of Appeal No.C/316/2004 passed by this Bench. 2. Shri Laxmi Narayan, learned Advocate, appeared on behalf of the applicant and M....

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....nts approached this Tribunal. The Tribunal in its Final Order No. 1373 dated 23-8-2006 upheld the confiscation of the goods and set aside the penalty. 4. Some mistakes apparent on the face of record have arisen. Pursuance to the order of the Tribunal in the case of Orchid Chemicals and Pharmaceuticals decided on 10-10-2006 [2007 (217) E.L.T. 143 (Tribunal)] and followed in Overseas Polymers Pvt....

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....nder Section 3(3) of the FT (D&R) Act, 1992, but issued under Section 5 of the FT (D&R) Act, 1992. It ought to have been considered that the Customs Authorities cannot proceed against the appellants in terms of Section 3(3) of the FT (D&R) Act, 1992 read with Section 111(d) of the Customs Act, 1962. 5. The learned Departmental Representative stated that the Final Order has upheld the Original o....

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....ot be applicable because only goods to which any order under sub-section (2) of Section 3 of FT (D&R) shall be deemed to be goods, the import or export of which has been prohibited under Section 11 of the Customs Act. This legal point was not examined while deciding the appeal as the appellant did not plead this point before the Bench. As in identical cases, which were decided later, we had held t....