Full Judgment
1. Vide final Order No. C-II/1392-93/2000/WZB dt. 9.5.2000, The Tribunal dismissed the appeals of the Revenue on the ground that each of the four show cause notices in question were dated later in the period of short levy that they sought to recover, relying upon the judgments of the Hon'ble Supreme Court in the case of Collector of Central Excise vs. Cotspun Limited [1999 (113)ELT 353 (S.C.)] and in the case of Rainbow Industries (P) Ltd. vs. Collector [1994 (74) ELT 3 (S.C.)]. It is the contention of the Ld. DR while arguing the application for rectification of mistake purported to have arisen in the Tribunals final order cited Supra that since the law was subsequently amended vide the Finance Act, 2000 validating action taken under Section 11A of Act, 1944 Central Excise Act during the period commencing on and from the 17.11.1980 till the date of the Presidents assent to the Finance Bill that the Bench ought to have hold that the demand was sustainable without dismissing the appeals, on this preliminary point regarding retrospective application of reopening of assessment.
2. On hearing both sides and noting that on the date on which the Tribunal passed its final order was 18.4.2000 (the order was issued on 9.5.2000) and that the assent of the President to the Finance Bill 2000 was given on 12.5.2000, there is not mistake apparent from the face of the record, inasmuch as the Tribunal has not ignored any existing any existing statutory provision while passing its final order. Subsequent amendment cannot be taken into account for the purpose of holding that there has been any apparent mistake in the final order passed prior to the receipt of the Presidents assent. Hence we see no merits in the ROM application and accordingly dismissed the same.