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TMI Blog2018 (9) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... nal. Brief facts are as under : The assessee was served with a show cause notice for recovery of unpaid dues with interest and penalty under the service tax regime. Despite opposition by the assessee, the same were confirmed. The issue travelled to the Tribunal. The Tribunal, by the judgment dated 29th June 2015 rejected the appeal, upon which further appeal was filed before the High Court. Such Tax Appeal came to be disposed of by the judgment dated 28th January 2016. The Court did not find any merits in the contention raised by the learned counsel for assessee on the issues arising in such appeal. It was, however, lastly contended that the assessee should have been granted benefit of reduced penalty as per proviso to Section 78 of the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application on merits. We are conscious that the first of these two issues were not pressed into service by the Tribunal, nevertheless, we were prima facie of the opinion that the application for rectification filed by the assessee had to satisfy the requirement of the period of limitation prescribed. Learned advocate Shri Dhaval Shah for the assessee submitted that in the Finance Act, 1994 where the appeal provisions in connection with the service tax are contained, provide for no period of limitation for filing an application for rectification. He drew our attention to Section 86 of the Finance Act, 1994. We, however, notice that Section 86 itself does not contain any provision giving power to the Tribunal to rectify its own orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rein. Learned advocate Shri Shah, however, submitted that such time limit is not rigid and on sufficient cause being shown, can be extended. Reliance was placed on a decision of the Supreme Court in case of Sunitadevi Singhania Hospital Trust & Anr. vs. Union of India & Ors., reported in [2008] 16 SCC 365. In the said case, while observing that powers of rectification could be exercised beyond six months, it was further observed that the same cannot be done beyond reasonable period. In the said case, the Court was also influenced by the fact that the party was pursuing remedy bona fide before another Court. In the present case, judgment of the Tribunal was passed on 29th June 2015. The Appeal was filed before the High Court sometime there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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