2022 (6) TMI 712

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..... (TECHNICAL) None for the appellant Shri Ravi Kapur, Departmental Representative for the respondent ORDER The Revenue has filed present ROM application for rectification of mistake in the Final Order No. 50917/2019 dated 19 July, 2019. 2. The issue framed by this Tribunal in the appeal by the appellant M/s Jet Lite India Limited was as follows: (i) Whether the service received by the Airline .....

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..... th the service tax department and was paying service tax on output service and further on the same issue, earlier show cause notice dated 22 April, 2009 was issued for the earlier period October, 2003 to April, 2008. In the present case, subsequent show cause notice dated 23.10.2013 is for the subsequent period. The Tribunal also held that penalty and interest is not payable and further allowed th .....

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..... ith effect from 10 May, 2013) as amended by Finance Act, 2013 which provides that if in an appeal it is held that extended period is not attracted or invocable, the appellate authority shall confirm the demand for the normal period. Such argument of Revenue was taken notice of in para 18 and 19 of the Tribunal's order. It is further urged that this Tribunal have erred by not referring to any case .....

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..... Central Excise, Mumbai - 2016 (45) STR 389 (Tri.-Mumbai) wherein it is held that failure to consider and record finding on legal issue though raised on behalf of a party, is an error apparent on record. Reliance is also placed on the ruling of Apex Court in Star Industries Vs. Commissioner of Customs (Imports), Raigad - 2015 (324) ELT 656 (SC) wherein the plea of Revenue neutrality urged by the a .....

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..... s revenue neutral ipso facto. 9. However, in view of the provisions of Section 73 (2A) of the Finance Act, we confirm the demand for the normal period of limitation (i.e. 18 months from the date of show cause notice dated 23.10.2013 or for the period Feb., 2012 to till 23.10.2013). 10. Accordingly, this ROM application filed by Revenue is allowed. (Pronounced on 08.06.2022)
Case laws, Decis .....

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