2006 (6) TMI 21 - AT - Service Tax

Service Tax Appellant not eligible to get any concession as they has not paid their service tax and filed return within six months from date of assent of President to Finance Bill, 2003 Application for rectification of mistake dismissed

Summary

Issues: Rectification of mistake application regarding the imposition of interest on service tax.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, a Rectification of Mistake application was filed against the Final Order dated 8th February, 2006. The applicant argued that there was an error in imposing interest on the appellant and requested the Tribunal to rectify it. The Tribunal considered the submissions and record, noting that the appellant had paid the service tax on 3rd February, 2004, and filed the return on 12th February, 2004. The Tribunal referred to Section 71A of the Finance Act of 2003, which aimed to relax penalties and interest for taxpayers who paid their service tax and filed returns within six months of the President's assent to the Finance Bill. As the President assented to the Finance Bill on 13th May, 2003, the deadline for eligibility was 13th November, 2003. Since the appellant did not meet these criteria, the Tribunal found no basis for concession, supported by Rule 7A of the Service Tax Rules, 1994. Consequently, the Tribunal concluded that there was no apparent mistake in the order and dismissed the application for rectification of mistake. The order was dictated and pronounced on 2nd June, 2006.