2016 (11) TMI 837 - AT - Service Tax

Retification of mistake - while deciding the appeal filed by the assessee, the appeal of Revenue also arising out of the common impugned order being Appeal No. ST/55857/14, was not taken up for disposal - miscarriage of justice - Held that - the arguments of the ld. A.R., the Final Order dated 20-1-2015, is recalled in the interest of justice. Accordingly, M.A. (ROM), is allowed.

Summary

Issues:
1. Recalling of Final Order for non-disposal of Revenue's appeal along with the appellant's appeal.
2. Absence of the appellant despite multiple notices.
3. Flaws in the working of Registry and Software of the Tribunal regarding listing of cross-appeals.
4. Decision to recall the Final Order in the interest of justice and directions for listing the appeals together for final hearing.

Detailed Analysis:
Issue 1: The Revenue filed a ROM application for the re-calling of the Final Order due to the non-disposal of their appeal along with the appellant's appeal. The ground cited was the miscarriage of justice as both appeals arose from a common impugned order. The Tribunal acknowledged the failure of the Revenue in pointing out the pendency of their appeal and noted flaws in the Registry's working regarding the listing of cross-appeals. The Tribunal, considering the arguments of the Revenue's A.R., decided to recall the Final Order dated 20-1-2015 in the interest of justice. The M.A. (ROM) was allowed, and the Registry was directed to list both appeals together for final hearing in July 2016.

Issue 2: Despite multiple notices issued to the appellant on different dates, the appellant was absent during the proceedings. The Tribunal took note of the appellant's absence, which further highlighted the significance of addressing the issue of non-disposal of the Revenue's appeal.

Issue 3: The Tribunal identified flaws in the working of the Registry and Software, particularly concerning the listing of cross-appeals for hearing and disposal. This acknowledgment indicated a systemic issue within the Tribunal's administrative processes that needed to be rectified to ensure proper handling of appeals and prevent similar incidents in the future.

Issue 4: The final decision to recall the Final Order and direct the listing of both appeals together for final hearing demonstrated the Tribunal's commitment to upholding principles of justice and fairness. By issuing specific directions to the Registry and notifying relevant authorities, the Tribunal aimed to ensure that cross-appeals were appropriately addressed and disposed of in a timely manner, emphasizing the importance of procedural efficiency and adherence to legal standards.