CCE Vs. VAM ORGANIC CHEMICALS LTD.

JUDGEMENT

(1.) THIS is an application by the Revenue for rectification of mistake in Tribunal's Final Order No. 432/03 -NB(B) dated 12.6.2003 in the matter of Vam Organic Chemicals Ltd. One of the mistakes, apparent from the record as submitted by Sh. V. Valte, learned S.D.R., is that the total amount of MODVAT Credit disallowed to the assessee company, was Rs. 3,31,325 and no order has been passed in respect of balance amount of MODVAT Credit. We also heard Sh. Devinder Sharma, Head (Indirect Taxation), who submitted that they are not disputing the disallowance of entire amount of MODVAT Credit. We, therefore, allow the ROM application on this count and order that in para 2.2 of the Final Order No. 432/2003 -NB(B) dated 12.6.2003 in place of figure Rs. 3,31,325, figure of Rs. 4,06,139 is to be read. It has also been mentioned in the application that the Tribunal had not taken into consideration the penalty imposed on M/s. Vam Organic Chemical Ltd. for wrong availment of MODVAT Credit. We observe that the Tribunal had duly considered the facts and circumstances of the case and had held that no penalty is imposable. In view of this, there is no mistake apparent from the face of the record. The ROM application on this count is rejected.