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2015 (1) TMI 1283 - HC - Service TaxRectification of alleged mistake - Section 74(2) of the Finance Act, 1994 - Collection of Service tax - Petitioner claimed that by inadvertence and due to a typographical error, the amount was shown as ₹ 41,14,69,442/- instead of ₹ 4,14,69,442/- in his communications with the Revenue. Held that:- the power of rectification is available to the original authority as regards any issue, as long as it has not been considered and decided in appeal or revision. In so far as the quantum of service tax payable by the petitioner is concerned, his appeal before the Tribunal is still pending consideration. The issue is therefore still open and it has not yet been considered and decided. In that view of the matter, the understanding of the Revenue that the power of rectification of a mistake under Section 74(2) of the Finance Act, 1994 cannot be exercised during the pendency of the appeal before the Tribunal cannot be countenanced. The Order dated 05.06.2014 holding to this effect is unsustainable and is therefore, set aside. There shall be a consequential direction to the respondents to consider the application of the petitioner for rectification of the mistake, under Section 74(2) of the Finance Act, 1994, on its own merits in accordance with law and pass a reasoned order thereon. An opportunity shall be afforded to the petitioner to make good his claim of the alleged typographical error. - Decided in favour of petitioner
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