2021 (7) TMI 465

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.... simply says 'Dear Taxpayer, your SVLDRS Form for the ARN No LD1112190001929 has been rejected.' No reasons have been set out as to why the petitioner's application is found to be unsuitable for the purpose of the Scheme. 2. In counter, the defence taken is that investigation in the matter is still on-going and that the duty component has not been quantified. Reference in this regard is made to the definition of the term 'quantified' under Section 121(r) of the Scheme in terms of which a written communication intimating the duty demand would connote proper quantification for the purpose of the Scheme. 3. The ambit of the word 'quantified' however stands amplified by asubsequent circular issued by the Board ....

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....it report etc. 4. In this case, a statement of the petitioner has been recorded at the time of investigation on 02.05.2017 indicating the duty amount payable. This fact reveals itself from the counter affidavit wherein at paragaraph 5 reference is made to statement recorded on 02.05.2017. The relevant portion of the statement reads thus: "For the year 2016-17, for excise purpose we have declared only Rs. 2.30 crores, I admit that we have made a mistake by giving wrong declaration, as per the above figures, as we have crossed the threshold limit of SSI exemption, I understand that we are required to pay central excise duty from 1st April onwards. The figure of Rs. 5.64 Crore contains the sales details of identical invoices. You h....

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....khs, even that has not been paid. The procedure set out under Section 127 is as follows: 127. (1) Where the amount estimated to be payable by the declarant, as estimated by the designated committee, equals the amount declared by the declarant, then, the designated committee shall issue in electronic form, a statement, indicating the amount payable by the declarant, within a period of sixty days from the date of receipt of the said declaration. (2) Where the amount estimated to be payable by the declarant, as estimated by the designated committee, exceeds the amount declared by the declarant, then, the designated committee shall issue in electronic form, an estimate of the amount payable by the declarant within thirty days ....