2003 (8) TMI 139

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....Member (J) (Oral)]. - These are two applications. ROM No. 415/02 is filed by the department whereas ROM No. 4/03 is filed by the party with reference to the Final Order No. 1087/2002, dated 14-8-2002 [2002 (148) E.L.T. 41 (Tri. - Bang.)] on the ground that mistake has crept in. It was submitted by both sides that the Tribunal Order dealt with one type of scrap generated/cleared by the party that t....

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....that one of the issues has not been dealt with in detail as rightly pointed out by the other side and relying upon the decision of the Tribunal in the case of Richardson & Cruddas Ltd. v. CCE, Mumbai reported in 2002 (145) E.L.T. 168 (T) = 2002 (49) RLT 239, he said that not giving a finding amounts to a mistake apparent from the record. 4. We have carefully considered the submissions made by b....