CCE, BHOPAL Vs. BHEL

JUDGEMENT

(1.) The Commissioner of Central Excise, Bhopal filed this application stating that a mistake has occurred in the Tribunal's Final Order No. A/920/2000 dt. 17.10.2000 inasmuch as the Tribunal in the Final Order in para five held that "We note that in the instant case, a SCN was issued by the Range Superintendent. We note that the Range Superintendent is not the proper officer in terms of Rule 57I read with Rule 2 of the Central Excise Rules, 1944."

(2.) Shri M.D. Singh, ld.SDR submits that the Range Superintendent is the proper officer for issuing SCN under Rule 57I. He submits that since the Range Superintendent was the proper officer for issuing of SCN, the Tribunal has held otherwise, therefore, the mistake is apparent. He, therefore, prays that the mistake may be rectified.

(3.) Shri Z. U. Alvi, ld.Advocate submits that before the Tribunal its was argued that the Central Board of Excise and Customs had issued instructions that the SCN should be issued by an officer who has to adjudicate the case. He submits that the Range Superintendent is not the adjudicating officer, therefore, the Tribunal has rightly held that the Range Superintendent was not the proper officer.