9911796707
TMI Blog2021 (11) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... The material on record does indicate that the petitioner has furnished the Challan bearing No.01206 dated 25.09.2014 for a sum of ₹ 32,33,181/- at the time of personal hearing. No doubt, the order of rejection at Annexure-F dated 18.05.2020 states that the declarant upon verification by the Designated Committee did not have any supporting documents and accordingly, the application was rejected, however, considering the material on record, it would be appropriate to direct reconsideration of the petitioner's application and if it were to be so that the pre-deposit as claimed and supported by the Challan relates to the dispute which is the subject-matter of appeal at Annexure-E, the Designated Committee to re-look into the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority to consider the application filed in ARN No.LD0412190001480 dated 04.12.2019 enclosed as Annexure-A in accordance with law. 2. The petitioner submits that he has made an application in Form SVLDRS-1 seeking to claim the benefit of Settlement Scheme, wherein the petitioner had claimed the benefit of pre-deposit of ₹ 32,94,023.00. A copy of the said application is at Annexure-A of the petition. 3. It is further submitted that the Estimate in Form No.SVLDRS-2 was issued by the respondent Authority which had arrived at an amount payable of ₹ 85,05,870.50 and had omitted to take note of the pre-deposit of ₹ 32,94,023.00. 4. In the event, the applicant/declarant was not agreeable with the estimated amount, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Scheme is adhered to in the letter and spirit while considering the applications made by the assessees. 9. Attention is also drawn to Clause 10(c) of the said Circular which reads as follows:- (c). This Scheme provides for adjustment of any amount paid as pre-deposit during appellate proceedings or as deposit during enquiry, investigation or audit [Sections 124(2) and 130(2) refer]. In certain matters, tax may have been paid by utilising the input credit, and the matter is under dispute. In such cases, the tax already paid through input credit shall be adjusted by the Designated Committee at the time of determination of the final amount payable under the Scheme. Accordingly, it is submitted that the matter requires to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 124(2) of the Finance Act provides for adjustment of pre-deposit. The same reads as hereunder:- 124(2). The relief calculated under sub-section (1) shall be subject to the condition that any amount paid as predeposit at any stage of appellate proceedings under the indirect tax enactment or as deposit during enquiry, investigation or audit, shall be deducted when issuing the statement indicating the amount payable by the declarant: Provided that if the amount of predeposit or deposit already paid by the declarant exceeds the amount payable by the declarant, as indicated in the statement issued by the designated committee, the declarant shall not be entitled to any refund. 14. The assertion of the petitioner while making the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the letter of rejection dated 18.05.2020 at Annexure-F being cryptic and in light of the discussion made above and in light of the documents being submitted at the time of personal hearing, it would be appropriate to direct that the petitioner's application in Form SVLDRS-1 be reconsidered. 17. Accordingly, the letter of rejection at Annexure-F dated 18.05.2020 rejecting the petitioner's application in Form SVLDRS-1 is set aside and the respondent Designated Committee is directed to reconsider the application of the petitioner in Form SVLDRS-1 at Annexure-A as per the SVLDR Scheme keeping in mind the objective of the Scheme in the letter and spirit. 18. Needless to state that the petitioner to present himself before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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