Page 69 - GSTL_27th August 2020_Vol 39_Part 4

2020 ] EUREKA FABRICATORS PVT. LTD. v. UNION OF INDIA 395
(d) By order dated 31-1-2019, the Settlement Commission confirmed the
payment of central excise duty amounting to Rs. 1,66,26,967.00
sought to be recoverable from the petitioner.
(e) Being aggrieved, the petitioner filed appeal against the above order
before the Commissioner (Appeals). In the meanwhile, the petition-
er also made payments of Rs. 50,00,000.00, Rs. 5,17,877.00 and
Rs. 18,00,000.00 in the interregnum towards central excise duty and
penalty or interest to show its bona fides. By order dated 8-8-2019,
the Commissioner (Appeals) rejected the appeal filed by the peti-
tioner and confirmed the payment of central excise duty as decided
earlier.
(f) On 21-8-2019, the Government of India issued notification framing
Sabka Vishwas Rules, 2019 giving an opportunity to the parties for
declaration of tax dues payable under the Sabka Vishwas (Legaly
Dispute Resolution) Scheme, 2019 (“SVLDR Scheme 2019” for short).
(g) On 20-9-2019, the petitioner filed online application in Form No.
SVLDRS-1 declaring tax dues payable under the Scheme, after de-
duction of the amount already paid, as Rs. 9,95,606.00.
(h) Respondent No. 3 i.e. Designated Committee under the SVLDR
Scheme 2019 heard the petitioner on 23-10-2019 and quantified the
estimated amount payable under the scheme at Rs. 33,13,483.00.
This quantification was issued to the petitioner in Form No.
SVLDRS-2.
(i) Being aggrieved, the petitioner, once again submitted Form No.
SVLDRS-2A on 12-11-2019 reiterating that the petitioner was finally
liable to pay only Rs. 9,95,607.00 while interpreting the provisions of
Section 124(2) of the Finance Act, 2019 to the facts of the petitioner’s
case.
(j) Having considered the case of the petitioner, respondent No. 3
issued Form No. SVLDRS-3 on 18-11-2019 quantifying the estimated
amount payable under the Scheme at Rs. 55,56,045.00.
(k) The petitioner, being aggrieved, has filed the present petition.
4. Mr. Prasannan Namboodri, Learned Counsel Appearing on behalf of
the petitioner has painstakingly argued that the present petition involves inter-
pretation of the provisions of Section 123(a) read with Section 124(1)(a) and Sec-
tion 124(2) of the Finance Act, 2019 to the facts and circumstances of the petition-
er’s case. He submitted that the petitioner had already made a pre-deposit, which
amount being already deposited earlier in point of time was required to be de-
ducted from the amount payable which was arrived at after deducting the relief
from the tax due. He submitted that the term “amount payable” is defined under
Section 121(e) of the Finance Act, 2019 as the final amount payable by the declar-
ant and as such, under Section 124(1)(a)(ii) of the said Act, the amount finally
payable by the petitioner under the SVLDR Scheme was Rs. 83,13,484.00 i.e. 50%
of 1,66,26,967.00. He submitted that since the petitioner had already made a pre-
deposits of Rs. 50,00,000.00, Rs. 5,17,877.00 and Rs. 18,00,000.00, the said amounts
were required to be reduced from the amount of Rs. 83,13,484.00 and thus, the
final amount payable under the Scheme came to Rs. 9,95,606.00 as per the provi-
sions of Section 124(2) of the Finance Act, 2019.
GST LAW TIMES  27th August 2020  69