2018 (2) TMI 1405 - AT - Service Tax

Rectification of mistake - power to review - Held that - The error attempted to be pointed out by the Revenue has been taken note of by the Tribunal while passing the impugned Final Order. In such circumstances, to consider the application of such exemption, would amount to review of the Final Order. The Tribunal has no power to review its order. The power of rectification is restricted to mistakes apparent from the record, calling for amendment of the order. The mistake must be obvious and patent one. In the application submitted by the Revenue there is no error apparent on the face of record, which requires rectification. ROM application being devoid of merits is set aside.

Summary

Issues: Rectification of mistake in the Final Order regarding service tax liability for tour operator services.

Analysis:
The case involved an application for rectification of mistake filed by the Revenue seeking to rectify an error in the Final Order passed by the Tribunal. The Final Order allowed the appeal of the assessee with regard to services provided as a tour operator, exempting them from the purview of Service Tax. However, it also held that services provided by the assessee related to hiring of vehicles during a specific period were taxable. The Revenue contended that the Final Order mistakenly presumed that the assessee was providing vehicles on hire only, whereas the assessee had also provided vehicles for chartered trips and conducted tours. The Revenue sought rectification of these mistakes, arguing that the exemption was only applicable to specific services provided by a tour operator with a contract carriage permit. The Revenue requested the Tribunal to calculate the tax liability for all income excluded from the exemption granted by the Finance Act, 1994. The Tribunal heard arguments from both sides and noted that the exemption for tour operator services had been considered while passing the Final Order. The Tribunal emphasized that it did not have the power to review its order or reanalyze the applicability of the exemption. It stated that any debatable point of law did not constitute a mistake apparent on the face of the record. The Tribunal concluded that there was no error apparent on the face of the record requiring rectification, and the Revenue had the right to appeal if aggrieved by the order. Therefore, the application for rectification was dismissed as devoid of merits.

This detailed analysis of the judgment highlights the key arguments presented by both parties, the Tribunal's consideration of the exemption for tour operator services, and the conclusion that the application for rectification lacked merit and was thus dismissed.