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2016 (10) TMI 657 - AT - Service TaxRectification of mistake - benefit of reduction in service tax liability not extended based upon calculation of cum-tax amounts received towards mess charges, hostel charges and amount received for supply of laptops and service tax liability confirmed - Held that - this is an apparent error on the face of the records and is rectified accordingly - application for rectification of mistake allowed - decided in favor of appellant.
Issues:
Rectification of mistake in the final order regarding service tax liability and interest calculation. Analysis: The Appellate Tribunal CESTAT MUMBAI addressed the rectification of a mistake in their final order dated 05/05/2015, where they had upheld the service tax liability and interest on the appellant. The Tribunal acknowledged an error in not extending the benefit of reduction in service tax liability based on specific calculations related to cum-tax amounts received for mess charges, hostel charges, and supply of laptops. The Tribunal deemed this omission as a clear mistake on the face of the record and rectified it accordingly. In their final order, the Tribunal inserted a new paragraph after paragraph No. 5, explicitly stating that in the appellant's own case, they had previously determined eligibility for the benefit of reduction in value by excluding certain charges and treating the entire consideration as cum-tax. This addition clarified the rationale behind rectifying the mistake in the original order and provided a legal basis for the adjustment in the service tax liability calculation. The application for rectification of the mistake was disposed of by the Tribunal, effectively correcting the error and ensuring that the appellant received the appropriate benefit of reduction in service tax liability as per the calculations outlined in the judgment. The rectification process highlighted the importance of accurate record-keeping and adherence to legal principles in tax liability determinations, ensuring fairness and consistency in the application of tax laws.
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