9911796707
TMI Blog2014 (7) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... L, Bhilai Steel Plant, Bhillai. The show cause notice was issued to them on 3.4.92 demanding duty of Rs. 89,61,525/-, which was confirmed by the Commissioner vide his order dated 27.5.93. The said order of the Commissioner was challenged before the Tribunal, who confirmed the demand. Thereafter, the matter went before the Hon'ble Supreme Court. 2. When the matter was pending before the Hon'ble Supreme Court, Kar Vivad Samadhan Scheme was introduced with effect from 1.9.98 for settling tax arrears which stand lying under litigation. The appellant filed a declaration in terms of section 88 of the said scheme. An amount of Rs. 10,94,130/- was also paid by them. The said application made under Kar Vivad Samadhan Scheme was decided by the Desig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As per the Revenue, since the said demand was made under the provisions of Kar Vivad Samadhan Scheme, and as the dispute has not been settled under Kar Vivad Samadhan Scheme, the assessee is not entitled to the refund of amount paid in pursuance of declaration made under section 88, in terms of Section 93 of the Tax Act, 1988. The said section is to the effect that any amount paid in pursuance of the declaration made under Section 88 shall not be refundable under any circumstances. 6. The Commissioner (Appeals) accepted the Revenues stand that inasmuch as the said amount was paid under the provisions of Kar Vivad Samadhan Scheme, the same cannot be refunded to the assessee in terms of section 93 of the Finance Act, 1988, even if the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other deposits made by the assessee are placed. As such, when the appellants succeed at the Supreme Court stage, they become entitled to the refund of entire duty either directly deposited by them or appropriated by the Commissioner. As such, in my view the revenues technical objection that the provisions of Section 93 of the Finance Act, 1998, do not allow the refund of deposits made by assessee at the time of making a declaration cannot be appreciated inasmuch as by appropriating the said deposits towards the confirmed duty demand, the deposits inter alia remain deposit in terms of Section 88 of KVSS Scheme. 9. Apart from the above, I also find favour in the appellants stand that erroneously granted refunds are required to be recover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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