Demand confirmed under section 73(1)of finance act 1994 - Service Tax

The department has confirmed the demand under section 73(1) in place of 73(2) of the Finance act 1994 while the SCN has been issued under same section. No corrigendum has been issued by the department. Can it be valid ground to challenge the order in court to set aside the order in original as it has been confirmed under wrong section Please suggest.