TMI Blog2019 (3) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... rrection or rectification of a mistake, especially since the grant of interest on a refund is a statutory consequence. The corrigendum was issued in excess of the power conferred under Section 74 - appeal dismissed - decided against Revenue. - C.E. Appeal.No. 32, 33, 42, 43 And 47 of 2018 - - - Dated:- 19-2-2019 - MR K.VINOD CHANDRAN AND MR ASHOK MENON, JJ. For The Appellant : ADV. SMT.SINDHUMOL.T.P., CGC For The Respondent : ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS AND SRI. PAULOSE C. ABRAHAM JUDGMENT K. VINOD CHANDRAN, J. These appeals arise from an order of the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue submits that the corrigendum was issued appropriately, as a rectification invoking Section 74 of the Act. The learned Counsel appearing for the respondent, however would submit that, no such corrigendum could have been issued under Section 74, since it interferes with a specific direction issued, that too in accordance with the statute. 4. We extract Section 74 of the Finance Act, 1994. 74.Rectification of mistake ( 1) With a view to rectifying any mistake apparent from the record, the [Central Excise Officer] who passed any order under the provisions of this Chapter may, within two years of the date on which such order was passed, amend the order. ( 2) Where any matter has been considered and decided in any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility of the assessee or reducing the refund already made, the [Central Excise Officer] shall make an order specifying the sum payable by the assessee and the provisions of this Chapter shall apply accordingly. 5. We are of the opinion that the corrigendum issued was incompetent in so far as the provisions of Section 74 are concerned. The deletion of the interest granted cannot be deemed to be a mistake apparent from the record. It was a considered decision entered into by the First Appellate Authority and the interest payable would be in accordance with law i.e., the statute. There is in fact no correction or rectification of a mistake, especially since the grant of interest on a refund is a statutory consequence. Further, it is to b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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