2007 (9) TMI 280

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....ated 12-1-2006 in Misc. 29 to 31/2006, the CESTAT has allowed the ROM by holding that no interest would be payable by the assessee on the balance amount of Rs. 2,08,205/- and hence, the sentence in the order sought for rectification by the assessee "interest under Section 11AB is payable only on the demand of Rs. 2,08,205/-" may be deleted as the same is not payable. 3.The learned Counsel appearing for the appellant submitted that the rectification order passed by the CESTAT is beyond the limitation period of six months prescribed in the provision from the date of order passed by the CESTAT and therefore, the order passed by the Tribunal is a nullity in the eye of law and therefore the substantial question of law regarding the limitation w....

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....r to rectify the final order or amend the final order either at the instance of the revenue or at the instance of the assessee, the authority should pass such an order within a period of six months from the data of the order which is the period of limitation substituted in the place of four years vide Financial Act, 2002 w.e.f. 11-5-2002. In view of the clear position of law, the learned Counsel for the revenue submits that the aforesaid question of law as framed today at his instance is required to be answered in favour of the revenue. 6.Learned Counsel, C. Ravishankar appearing on behalf of the respondent has sought to justify the order impugned in this appeal and submits that within three months from the data of the final order, a Misce....

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....to its notice by the [Commissioner of Central Excise] or the other party to the appeal: PROVIDED that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise 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." 8.The contention urged by the learned Counsel on behalf of the revenue that under sub-section (2) of Section 35C, the word 'may' shall be considered as 'shall' having regard to the prescription of period of limitation to exercise such power i.e., within six months. It shall be considered as mandatory that in view of the ....