2019 (5) TMI 66 - AT - Service Tax

Rectification of mistake - typographical - HELD THAT - The application filed by the applicant/assessee seeks to rectify the errors is correct and needs to be allowed, as errors are typographical in nature and rectified - ROM Application allowed.

Summary

Issues: Rectification of mistake in Final Order

Analysis:
1. Rectification of Mistake Application: The judgment concerns an application filed by the applicant/assessee seeking rectification of a mistake in the Final Order dated 07.02.2019. The errors identified in the application are typographical in nature and need correction. The applicant asserts that the rectification is necessary, and the errors are specified in the judgment for correction.

2. Errors to be Rectified: The errors to be rectified are detailed in the judgment. In paragraph 9, sub-paragraph (a), a sentence regarding traditional policies and service tax liability needs correction. Additionally, in paragraph 10, the last sentence concerning the amendment to the definition of taxable service under "Life Insurance Service" from the Finance Act, 1994, requires rectification. Furthermore, in paragraph 14, the first sentence related to the judgment of the Hon'ble High Court of Madras and the appellant's investments in securities for life insurance services necessitates correction.

3. Decision on Rectification: After hearing both sides and examining the records, the Tribunal acknowledges the need for rectification of the identified errors. The application for rectification of mistake is disposed of, indicating that the corrections specified in the judgment will be made. The errors highlighted in the judgment are to be rectified to ensure accuracy and clarity in the Final Order.

4. Operative Part of the Order: The operative part of the order, including the decision on the rectification of mistakes, was pronounced in open court at the conclusion of the hearing. This signifies the completion of the proceedings regarding the rectification application and the resolution of the identified errors in the Final Order.

In summary, the judgment by the Appellate Tribunal CESTAT Hyderabad addresses the rectification of mistakes in a Final Order, highlighting specific errors that require correction for accuracy and clarity in the legal document. The decision to allow the rectification application indicates the Tribunal's commitment to ensuring the correctness of the orders issued in legal matters.