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TMI Blog2021 (11) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is a Challan evidencing the payment of tax and to make appropriate demand after adjusting such pre-deposit. Further relief is sought, for restoration of the application on the file of respondent Authority 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 Rs. 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 payabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Circular of Central Board of Taxes and Customs bearing No.1071/4/2019-CX.8 dated 27.08.2019, it is contended that the Department has to ensure that the objective 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doubts were not cleared by the petitioner to the satisfaction of the Authority, the application came to be rejected. 12. Heard both sides. 13. Section 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 statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k into the matter and dispose of petitioner's application in Form SVLDRS-1 in accordance with SVLDR Scheme. 16. Taking note 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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