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2018 (12) TMI 1427 - AT - Service TaxRectification of mistake - Held that - On going through the case records, more specifically, the stay order dated 23/09/2014 passed by the Tribunal, we are of the prima facie view that the observations recorded in the said order have not been properly considered by the Tribunal while passing the final order dated 22/03/2018 - there are apparent mistake in the final order dated 22/03/2018, which can be called for rectification in the interest of justice - ROM Application allowed.
Issues:
Rectification of mistake in the final order regarding the collection of deposit from students in lieu of service tax for a specific period and the leviability of service tax for another period. Analysis: The judgment involves a miscellaneous application filed by the Revenue seeking rectification of a mistake in the final order dated 22/03/2018. The issue pertains to the collection of deposit from students in lieu of service tax for the period May 2010 to March 2011, which was considered in a stay order dated 23/09/2014 but not properly addressed in the final order. Additionally, there is a contention regarding the leviability of service tax for the period October 2005 to July 2006 due to the appellant not being recognized as a study center during that time for providing courses of a specific university. Upon reviewing the case records, specifically the stay order from 2014, the Tribunal found that the observations made in that order were not adequately considered in the final order of 2018. Consequently, the Tribunal acknowledged the existence of apparent mistakes in the final order, warranting rectification in the interest of justice. As a result, the miscellaneous application filed by the Revenue was allowed, and the appeal was scheduled for final hearing on 11/12/2018. This judgment highlights the importance of ensuring that all relevant issues and observations from previous orders are adequately addressed in the final judgment to avoid any mistakes or oversights. The Tribunal's decision to allow the rectification of the mistake demonstrates a commitment to upholding the principles of justice and fairness in the legal process.
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