Sabka Vikas scheme

[Rohidas Kamath]

Dear Sir,

I have a matter involving around ₹ 10.00 crore demand and ₹ 10.00 crore penalty and interest.

Breif Matter:

Due to oversight I failed to comply with a notification issued in Sept 2009 in respect of service tax. Subsequently service tax of ₹ 10.00 crore alongiwth interest was paid after the visit of Preventive officers. I have taken cenvat credit of service tax of ₹ 10.00 crores,

Subsequently show cause notice was issued seeking to deny the service tax credit. On adjudication, the Commissioner confirmed the demand and imposed equal amount of penalty.

CESTAT remanded the matter to original adjudicating authority.

As far as Iam concerned, I have discharged the tax liability.

Now my managemnt has opted for relief under subaka vikas schme.

Now my concern is:

1) Will I get relief from payment of any duty/tax as I have already discharged my service tax liability.

2) What remedy is available to me if the Committee rejects my application under "Sabka Vikas Scheme".

AI Summary

Penalty relief under Sabka Vikas scheme may apply, but underlying tax paid cannot be reclaimed; timing of remand matters.
The issue is eligibility for the Sabka Vikas scheme after remand and confirmation of a service tax demand when the taxpayer has already deposited the tax and interest. The scheme permits waiver of penalty consequences subject to its conditions and cutoff dates, but does not permit relief for the underlying tax/duty or deposited tax; eligibility turns on the timing of remand/proceedings.