2008 (4) TMI 143 - AT - Service Tax

Appellant contending that they deposited the tax on 6.11.2003 instead of 6.11.2004 as erroneously recorded in the revised order - Commissioner rejected the contention of the appellant on the ground that the plea taken by the appellants in rectification of mistake should have been taken in the revision proceedings held that commissioner can amend order passed in revision u/s 84 to rectify any mistake apparent on record - impugned order is set aside and the matter is remanded

Summary

Issues:
- Rectification of mistake in the order under Section 74 of the Finance Act, 1994.

Analysis:
The case involved a dispute regarding the rectification of a mistake in an order issued under Section 74 of the Finance Act, 1994. The appellant, a C & F Agent, received a show cause notice proposing recovery of service tax, interest, and penalty. The Adjudicating Authority noted that the appellant had paid the service tax and interest on a specific date and filed the required return. However, the Commissioner revised the order and imposed a penalty for delay in payment of service tax. The appellant sought rectification of the mistake, stating that the tax was deposited on a different date than recorded. The Commissioner dismissed the rectification application, leading to the appeal.

Upon review, it was found that the Assistant Commissioner's order indicated the correct date of tax payment by the appellant. The appellant provided evidence supporting the actual date of payment, which was mistakenly mentioned differently in their response to the show cause notice. The Commissioner's rejection of the rectification request was based on the argument that the plea should have been raised during revision proceedings. However, Section 74 of the Finance Act allows rectification of mistakes apparent from the record. The mistake in mentioning the date of deposit was evident from the records, indicating an oversight by the Commissioner in the impugned order.

The Tribunal determined that the Commissioner had not adequately considered the records, leading to the incorrect dismissal of the rectification request. Consequently, the impugned order was set aside, and the matter remanded back to the Commissioner for a fresh decision after proper examination of the records and providing the appellant with a fair opportunity. The appeal was allowed through remand, emphasizing the importance of rectifying mistakes in orders to ensure procedural fairness and accuracy in tax matters.

This detailed analysis highlights the key legal principles and procedural aspects involved in the judgment, focusing on the application of Section 74 of the Finance Act, 1994, and the significance of rectifying mistakes apparent from the record to uphold fairness and justice in tax-related disputes.