2017 (11) TMI 721 - HC - Service Tax

Restoration of Rectification of mistake application - Held that - this Court finds that no reasons are recorded in the order of Commissioner (Appeals) for coming to the conclusion that no rectifiable mistake has occurred. It is settled principle of law that the reasons are the soul of an order and in its absence, the order itself is rendered lifeless - rectification application stands restored.

Summary

Issues:
1. Rectification of mistake under Section 74 of the Finance Act, 1994.
2. Consideration of reasons for rejecting rectification application.
3. Validity of the order of the appellate authority.
4. Requirement of recording reasons in the order.

Analysis:
1. The petitioner challenged an order by the Commissioner (Appeals) rejecting an application for rectification of mistake under Section 74 of the Finance Act, 1994. The impugned order stated that no rectifiable mistake was found after careful consideration of facts. The petitioner argued that the order lacked reasons, making it unsustainable.

2. The record revealed that an adjudication was made against the petitioner by the Additional Commissioner, Central Excise, in 2009, but the order was served only in 2013 after a right to information query. The petitioner's appeal against the 2009 order was rejected as time-barred. The rectification application contended that since the original order was served late, the appeal was within time, highlighting an error in the appellate authority's decision.

3. The department's counsel defended the appellate authority's order, claiming its validity and opposing any interference. However, the Court found that the order lacked recorded reasons for concluding that no rectifiable mistake existed. It emphasized the importance of reasons in an order, citing legal precedents to support the necessity of providing rationale for decisions.

4. Relying on Supreme Court decisions, the Court held that reasons are crucial for the validity of an order. As the order lacked reasons, it was deemed lifeless, leading to the success of the writ petition. The Court set aside the Commissioner (Appeals)'s order and directed a fresh examination of the rectification application with proper consideration and in compliance with the law.