2017 (2) TMI 200 - HC - Central Excise

Application of rectification - time limitation - Held that - the decision of the Hon ble Supreme Court in the case of D. Saibaba Vs. Bar Council of India reported in 2003 (5) TMI 508 - SUPREME COURT , it is observed and held that the period of limitation shall commence from the date of dispatch of the order and not from the date of actual passing of the order - The matter is remanded to the learned CESTAT to decide the rectification application afresh in accordance with law and on its own merits treating the same to have been filed within the period of limitation - Decided in favor of the assessee.

Summary

Issues:
1. Determining the starting point of limitation for filing a rectification application.
2. Interpretation of the period of limitation for filing a rectification application.
3. Consideration of the rectification application beyond the prescribed time limit.

Analysis:
1. The appellant challenged the order of the Central Excise & Service Tax Appellate Tribunal (CESTAT) dismissing a rectification application as time-barred. The key issue was whether the limitation period for filing a rectification application starts from the date of the order sought to be rectified or from the date of receipt of the order by the concerned party.
2. The appellant argued that the limitation period should commence from the date of receipt of the order, not the date of the original order. The appellant relied on a decision by the Division Bench of the High Court which held that the limitation period is to be computed from the date of receipt of the order. The appellant contended that the CESTAT wrongly relied on a Supreme Court decision that was not directly applicable to the present case.
3. The High Court referred to a similar case where it was held that the period of limitation for filing an appeal starts from the date of dispatch of the order, not the date of actual passing of the order. The Court found that the rectification application in this case was submitted within the six-month period from the date of receipt/dispatch of the order. Consequently, the Court quashed the CESTAT's order and remanded the matter for fresh consideration in accordance with the law. The Court ruled in favor of the assessee, highlighting the importance of adhering to the prescribed time limits for filing rectification applications.