Rectification of interest period for delayed service tax payment was allowed after correcting an apparent record error.

A rectification application was held maintainable where the earlier order incorrectly fixed the period for interest on delayed service tax payment. The Tribunal treated the mistake as apparent on the face of the record and aligned the interest liability with the retrospective amendment and the Supreme Court's compliance direction. Interest was restricted to run only after two weeks from 17-11-2003 until the service tax liability was discharged, and the earlier interest period was modified accordingly.

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Issues: Whether the rectification application was maintainable to correct the period for which interest on delayed service tax payment was payable.

Analysis: The application sought correction of the earlier final order on the ground that the interest liability did not arise from the original date adopted in that order. The Tribunal treated the error as apparent on the face of the record and aligned the interest period with the effect of the retrospective amendment and the Supreme Court's direction granting time for compliance. The corrected liability was held to run only after two weeks from 17-11-2003 until discharge of the service tax liability.

Conclusion: The rectification was allowed to the extent of modifying the interest period, and the assessee's liability stood restricted accordingly.

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