2009 (10) TMI 675 - AT - Central Excise

Summary

Issues:
1. Mistake apparent from the record in the Final Order.
2. Re-agitation of the issue already decided.
3. Error in examining the grounds of the appeal.
4. Interpretation of the definition of "input service."
5. Lack of evidence for travel agents service and tourist taxi service.
6. Compliance with Section 35C(2) of the Central Excise Act.

Analysis:
1. The appellant claimed a mistake apparent from the record in the Final Order passed by the Tribunal. They sought to re-agitate issues already decided, citing case law. The Tribunal noted that errors in examining the grounds of appeal could only be addressed through a statutory appeal. The appellant challenged a crucial finding related to the definition of "input service," which the Tribunal had approved in line with the Apex Court's view. Another finding highlighted the lack of evidence for the use of travel agents service and tourist taxi service in relation to excisable goods.

2. The Tribunal observed that the present application failed to meet the requirements of Section 35C(2) of the Central Excise Act. No valid reason was presented to invoke this provision of law. The appellant's contentions did not substantiate a basis for reconsideration or revision of the Final Order. Consequently, the Tribunal dismissed the application, emphasizing the lack of compliance with the statutory provisions governing such appeals.

3. The judgment underscores the importance of adhering to procedural and substantive legal requirements when seeking redressal in matters of taxation and excise. It elucidates the limitations on challenging tribunal decisions and the necessity of presenting compelling reasons supported by evidence and legal provisions. The Tribunal's decision reflects a strict adherence to statutory provisions and the principles of judicial review in tax matters, ensuring a structured and lawful process for addressing grievances and seeking remedies within the legal framework.