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        Case ID :
        Service Tax

        CESTAT dismissed the second rectification application as not...

        Second rectification application not maintainable under s.254(2)-only issues not earlier adjudicated can be re-opened by either party

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                CESTAT dismissed the second rectification application as not maintainable and sustained the revenue's objection. The Tribunal held that where a rectification petition filed by one party has been considered and decided by the Tribunal under s.254(2) of the Income Tax Act, a subsequent rectification by either party on the same issue (here, eligibility for SSI threshold exemption) cannot be entertained; a second rectification is permissible only in respect of matters not earlier adjudicated in any rectification application by either party. Consequently, the second rectification was rejected and the application was dismissed.
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