ORDER

1. The question which arises in this appeal is whether the Tribunal could have set aside the earlier order passed by it under Section 35-C of the Central Excise Act (for short "the Act").

2. The demand relates to an alleged quantity of cold-rolled coils alleged to have been wrongfully suppressed by the respondent from its returns filed under the Act. A show-cause notice was issued and after hearing the assessee the commissioner upheld the demand and imposed a penalty of Rs 1.50 crores. The respondent preferred an appeal to the Tribunal. The Tribunal in paragraph 12 of its judgment upheld the particular demand for Rs 1,47,00,127 but reduced the penalty from Rs 1.50 crores to Rs 75 lakhs. The respondent made an application for rectification of the Tribunals order under Section 35-C of the Act claiming that the Tribunal had not considered its submission that the evidence relied upon by the Department, namely, the plant performance report could not show that the respondent had actually dispatched the like amount because the plant performance report merely showed a stage in the manufacture of the cold-rolled coils and that the material would have to undergo further processes befor