2023 (9) TMI 525 - HC - Service Tax

Pre-deposit under SVLDRS Scheme 2019 must be deducted from amount payable in appeal or investigation

The HC held that under the SVLDRS Scheme 2019, any amount paid as pre-deposit during appellate proceedings or investigations must be deducted from the ... SVLDRS - determination of amount due and payable - Considering / Factoring the amount paid by the petitioner towards interest prior to the issuance of SCN - Sabka Vishwas (Legacy and Dispute Resolution) Scheme 2019 - Calling upon to pay amount due and payable by the petitioner - HELD THAT:- The provisions of the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 in terms of Finance Act, 2019 is clear under Section 124(2). The relief calculated under Sub-Section (1) shall be subject to the condition that the amount paid as pre-deposit 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 - the proviso merely states that if any amount in excess has been paid as pre-deposit before filing an application, a declaration will not be entitled to refund. There is no scope for any confusion. The provisions of the Sub- Section (2) makes it clear that any amount that is paid as pre-deposit at any stage of appellate proceedings under an indirect tax enactment or as deposit during enquiry, investigation or audit, shall be deducted when issuing the final settlement. In this case admittedly, the tax that was proposed to be demanded from the petitioner was Rs. 16,52,721/- in Show Cause Notice No.93/2019 dated 02.12.2019. Prior to issuance of Show Cause Notice No.93/2019 dated 02.12.2019, the petitioner has already deposited a sum of Rs. 7,28,247/- on 12.04.2019 towards duty of Rs. 4,37,933/- and Rs. 2,90,314/- towards interest on 09.04.2019. Thus, the amount of Rs. 7,28,247/- paid by the petitioner has to be adjusted the amount due under the Scheme from the petitioner. The concession that has been given to the petitioner under the Scheme is Rs. 9,24,474/- from the amount proposed in the aforesaid Show Cause Notice No.93/2019 dated 02.12.2019 from Rs. 1652721/- proposed in the Show Cause Notice dated 02.12.2019 - amount that was pre-deposited by the petitioner is equivalent to the amount that was payable by the petitioner. Therefore, the amount ought to have been adjusted towards the amount payable by the petitioner under the SVLDRS Scheme, 2019. There are no merits in the stand of the Department that the amount was not been paid under protest and was not a pre-deposit. The provisions is clear. The provision clearly allows the amount paid as pre-deposit to be adjusted. There is no merits in contention of Department. The amount paid towards duty and the interest that was proposed to be adjusted in the Show Cause Notice No.93/2019 dated 02.12.2019 has to treated as amount pre-deposited. Therefore, it has to be allowed to adjusted. Petition allowed. Issues:The issues involved in the judgment are the challenge to the demand of a balance due under the SVLDRS Scheme 2019, the adjustment of the amount paid by the petitioner towards interest, and the interpretation of provisions under the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019.Challenge to Impugned Communication:The petitioner challenged the communication dated 19.03.2020 demanding a sum of Rs. 2,90,314/- under the SVLDRS-3, stating that the Designated Authority did not factor the amount paid towards interest prior to the issuance of the Show Cause Notice. The petitioner contended that the amount should have been adjusted as there was no dispute regarding the payment.Interpretation of Scheme Provisions:The Court analyzed the provisions of the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019, specifically Section 124(2), which allows for the deduction of amounts paid as pre-deposit at any stage of appellate proceedings or during enquiry, investigation, or audit when issuing the final settlement. The Court emphasized that any amount paid as pre-deposit should be adjusted when determining the final amount payable by the declarant.Decision and Ruling:The Court found in favor of the petitioner, stating that the amount pre-deposited by the petitioner (Rs. 7,28,247/-) should be adjusted towards the amount due under the SVLDRS Scheme 2019. The Court held that the amount paid towards duty and interest should be considered as pre-deposit and allowed to be adjusted. Consequently, the writ petition was allowed, directing the respondents to adjust the pre-deposited amount and issue Form SVLDR-4 to the petitioner within 45 days from the date of the order.