HARINDER SINGH Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS application, which says that there are apparent mistakes in paragraphs 6, 7 and 8 of Final Order No. 112 -115/99 -B2, dated 28 -5 -1999 passed by this Tribunal in Appeal Nos. C/930 -933/93 -B2 [1999 (112) E.L.T. 314 (Tri.)], has been submitted by the Consultant for Shri Harinder Singh, one of the appellants.

(2.) EXAMINED the records and heard both the sides.

(3.) LEARNED Consultant referred to the relevant paragraphs of the Final Order and submitted that it was a mistake to direct the goods to be redeemed on payment of fine to be determined by the adjudicating authority. When it was held that the appellant was entitled to the benefit of Notification No. 258/90 and not liable to be penalized under Section 112 of the Customs Act, there was no warrant for a remand to the departmental authorities at all. Learned SDR defended the Final Order and submitted that there was no "mistake apparent from the record" to be rectified under Section 129B(2) of the Customs Act in this case. If aggrieved by the above order, the appellant should have taken recourse to the appellate remedy rather than this application.