MAYANK MARBLE INDUSTRIES AND SHRI Vs. CCE

JUDGEMENT

(1.) THIS application for rectification of mistake filed by the applicant for rectifying the mistake in the Tribunal's order dated 02/02/2005 and miscellaneous order dated 11/11/2005. Considered the submissions made at length by both sides and perused records. The applicant's application for rectification of mistake is against the order of the Tribunal on the ground that the Tribunal has not considered the settled law on the issue by the Hon'ble Supreme Court. I find that identical argument was taken by the applicant counsel in the earlier application of rectification of mistake. This Tribunal in its order dated 11/11/2005 at paragraph '4' has held as under:

(2.) I find that the Tribunal in its final order dated 02/02/2005 had come to the conclusion and judgment, based upon the arguments made before it by both sides and more specifically, the argument which has been conceded by the advocate of the applicant.

(3.) HON 'ble Supreme Court in the case of Commissioner of Central Excise v. A.S.C.U. Ltd. as reported as has held as under: