2007 (6) TMI 115 - AT - Service Tax

Review of Tribunal order Appeal filed by revenue seeking for review of the final order of tribunal by which the appeal of assessee was allowed HC rejected the revenue application of review on the ground of it is not allowable u/s 86 of FA

Summary

Issues:
1. Review of Tribunal's Final Order
2. Provision for review under Finance Act
3. Opportunity to file review petition before Tribunal
4. Appeal to Apex Court

Review of Tribunal's Final Order:
The Revenue filed an application seeking a review of the Tribunal's Final Order, which had allowed the appeal of the assessee based on a judgment of the Apex Court. The High Court of Karnataka rejected the appeal but granted the department the liberty to file a review petition before the Tribunal. The learned JDR argued for a rehearing due to a similar issue being challenged in another case pending before the Supreme Court. The Tribunal noted that there was no provision in the Finance Act for a review of its order, and since the High Court did not direct a review, the application for review was rejected.

Provision for review under Finance Act:
The learned Counsel contended that the Finance Act does not provide for a review of the Tribunal's order, and the only recourse for the Revenue was to file an application for rectification of mistake, which was not done in this case. The Tribunal concurred that there was no provision for review under Section 86 of the Finance Act, thereby leading to the rejection of the review application.

Opportunity to file review petition before Tribunal:
Despite the High Court's rejection of the appeal, the Tribunal emphasized that the High Court did not direct a review of the judgment but merely allowed the department to file a review petition before the Tribunal if available and in accordance with the law. The Tribunal clarified that since there was no provision for review, the application for review was not sustainable and, consequently, rejected.

Appeal to Apex Court:
The Tribunal concluded that in the absence of a provision for review, the Revenue had the option to file an appeal before the Apex Court with an application for condonation of delay. The Tribunal rejected the miscellaneous application seeking a review of its Final Order, affirming that the Revenue could pursue an appropriate appeal before the Apex Court.