Ram Kripal Vs. Commissioner of Customs - Court Judgment

Excerpt:

1. arguing the captioned rom application, the ld. sdr, submits that in the adjudication order, the adjudicating authority had before him a lot of evidence which was discussed by him in the adjudication order and, therefore, the finding of the tribunal that no evidence was placed on record by the department is incorrect.2. we have perused the order of the tribunal as also the order-in-original and find that this observation of the tribunal is not in conformity with the facts and evidence discussed by the adjudicating authority in the order-in-original. in the circumstances, we hold that a mistake has crept in the order of the tribunal. in this view of the matter, the tribunal's order is recalled and the case is now listed for hearing on 9-1-1998.

Judgment:

1. Arguing the captioned ROM Application, the ld. SDR, submits that in the adjudication order, the Adjudicating Authority had before him a lot of evidence which was discussed by him in the Adjudication Order and, therefore, the finding of the Tribunal that no evidence was placed on record by the Department is incorrect.

2. We have perused the Order of the Tribunal as also the Order-in-Original and find that this observation of the Tribunal is not in conformity with the facts and evidence discussed by the Adjudicating Authority in the Order-in-Original. In the circumstances, we hold that a mistake has crept in the Order of the Tribunal. In this view of the matter, the Tribunal's Order is recalled and the case is now listed for hearing on 9-1-1998.