TMI Blog2021 (7) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... e Settlement Commission accepted the terms of reference and finally granted partial immunity from penalty to the applicant and further, granted immunity from prosecution and the order was passed. The interest is chargeable based on certain admitted facts and circumstances placed before the Settlement Commission. If at all there is any error apparent in respect of such findings with reference to the original records, the petitioner is at liberty to approach the Settlement Commission for clarification or for rectification of any such error apparent regarding the facts admitted or pleaded. However, such an adjudication cannot be done by the High Court in a writ proceedings, which require examination of original records and the admission sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. The petitioner states that the business concerns are duly registered with VAT authorities for the trading business and is periodically filing returns and remitting taxes. In respect of Service Tax collected from the tenants, the same has been remitted with the department and petitioner was filing periodical ST-3 Returns. As far as the tenant let out to Canara Bank is concerned, they refused to pay Service Tax, citing the decision of High Court/Tribunal. In view of the confusion involved in the issue, the petitioner neither collected Service Tax nor remitted the same for some of the properties rented out. Only those Service Tax paid by clients were remitted to the department and returns were filed. In those circumstances, the Directorate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e settlement can be made under the provisions of the Act, if the assessee come forward with full and true disclosure, including information and materials not provided under the jurisdictional officer at the time of assessment. In the present case, the application submitted by the assessee was entertained by the adjudicating officer and an adjudication was conducted and final order was passed on 17.09.2014, by the Settlement Commission. The said order is under challenge in the present Writ Petition. 6.The learned counsel for the petitioner strenuously contended that the petitioner had paid the entire Sales Tax and there was no due. While so, the interest portion settled by the Settlement Commission is erroneous and contradictory facts pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,66,124/- paid before the issue of SCN. The payment of interest in full was confirmed on the day of hearing on 23.07.2014. The applicant claimed cum-tax benefit, which was disputed by the Revenue during the hearing as there were no agreements, and the values charged were not shown as inclusive of Service Tax. In this case, Service Tax was demanded on the value shown in the ledgers. The rent amounts charged by the applicant were not inclusive of Service Tax. In the case of Canara Bank and SSRPL, there were no agreements. In fact, the Service Tax amount recovered subsequently from Canara Bank is over and above the rent amount recovered earlier. Similarly, in the case of SSRPL, the amount of rent charged is not inclusive of Service Tax as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records and the admission statements made by the parties before the Settlement Commission with reference to the application filed under Section 32E of the 1944 Act. 10.This being the factum, this Court is of the opinion that the order passed by the Settlement Commission pursuant to the admission made by the parties need not be interfered with. However, if there is any error apparent on record or if there is any factual error regarding the admitted statements, the Settlement Commission is empowered to rectify such mistakes by following the procedures contemplated. In this regard, the petitioner is at liberty to file an application, if required. 11.With the above observations, this Writ Petition stands disposed of. No costs. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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