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TMI Blog2023 (2) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... making voluntary disclosure, is ineligible for applying under the scheme, if it was subjected to audit as of 30 June 2019. Since it is demonstrated that the Petitioner was subjected to audit commenced earlier to 30 June 2019 the Petitioner was within the class declarants excluded from the Scheme, as referred to under Section 125 of the Act of 2019. There is no challenge to the audit proceedings before us. It is not possible to give a declaration in this Petition that the audit proceedings had deemed to have lapsed on 30 June 2019 as such a declaration is outside the scope of this proceeding, even assuming that such declaration can be given. There is therefore no error committed by the Respondents in rejecting the Petitioner s declaratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er has challenged the rejection of Petitioner s declaration dated 30 December 2019 for availing benefit of SVLDR Scheme. 5. We have heard Mr. Sriram Sridharan, learned Counsel for the Petitioner and Ms. Neeta Masurkar, learned Counsel for the Respondents. 6. The question that arises for consideration is whether Respondents were right in rejecting Petitioner s declaration on the ground that Petitioner was subjected to audit as on the relevant date and therefore falls in the class of declarants who were ineligible to make declaration under the Scheme under Section 125 of the Finance Act, 2019. 7. Learned Counsel for the Petitioner has relied upon the decisions of the Division Bench of this Court in the case of New India Civil Erect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to Clause (f) as well) refers to subjected to audit as of 30 June 2019, the phrase audit will have to be understood. Under Section 129 of the Act of 2019, the phrases employed under the scheme under Chapter-V (scheme of 2019) have been defined. Section 121 (g) defines audit to mean any scrutiny, verification, checks carried out under indirect tax enactment. Section 121 (g) lays down audit means any scrutiny, verification and checks carried out under the indirect tax enactment, other than an enquiry or investigation, and will commence when a written intimation from the central excise officer regarding conducting of audit is received . More pertinently, it explains that audit would commence, when a written intimation regarding condu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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