2003 (12) TMI 59

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....y it under Sec. 35C of the Central Excise Act, (for short 'the Act'). 2.The demand relates to an alleged quantity of Cold Rolled Coils alleged to have been wrongfully suppressed by the respondent from its returns filed under the Act. A show cause notice was issued and after hearing the assessee the Commissioner upheld the demand and imposed a penalty of Rs. 1.50 crores. The respondent preferred an appeal to the Tribunal. The Tribunal in paragraph 12 of its judgment upheld the particular demand for Rs. 1,47,00,127/- but reduced the penalty from Rs. 1.50 crores to Rs. 75 lakhs. The respondent made an application for rectification of the Tribunal's order under Sec. 35C of the Act claiming that the Tribunal had not considered its submission ....

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....de the matter after an appreciation of the evidence. 5.The decisions of this Court in T.S. Balaram, Income Tax Officer, Company Circle IV, Bombay v. M/s. Volkart Brothers, Bombay reported in 1971 (2) SCC 526, Commissioner of Income Tax (CNTL), Ludhiana v. Hero Cycles Pvt. Ltd., Ludhiana reported in 1997 (8) SCC 502 and Commissioner of Central Excise, Calcutta v. A.S.C.U. Ltd. reported in 2003 (151) E.L.T. 481 (S.C.) have been relied on to contend that the power to amend a mistake was limited to correct an error which did not require investigation either into the law or into the facts. 6.Learned counsel appearing on behalf of the respondent has on the other hand submitted that paragraph 12 of the Original order of the Tribunal clearly ....

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.... increasing the liability of the other party, shall not be made under this sub-section, unless the Appellate Tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. (2A) The Appellate Tribunal shall, where it is possible to do so, hear and decide every appeal within a period of three years from the date on which such appeal is filed." (Emphasis added) 8.Although the ground for rectification, namely, an error on the face of the record may be common to a power for review, the nature of the power to be exercised in the two cases is distinct. The power of review is not limited to rectification and is wider than the power conferred under Sec. 35C(2). We are unable to hold that....