ASSISTANT COMMISSIONER (KVAT) AND ORS. Vs. ACC LIMITED

JUDGEMENT

(1.) The above two appeals, one is filed by revenue and another is filed by assessee. The facts that led to filing of the above appeals are as under:

(2.) Meanwhile, in 2008, State Government announced the amnesty scheme for settlement of arrears of tax under KGST Act and relevant Section 23B was inserted in KGST Act. Apparently, assessee also applied for settlement under amnesty scheme as per Section 23B of the Act. By virtue of the provisions under Section 23B, waiver of 95% of interest on tax amount came to be granted and total amount was computed at Rs. 5,28,18,168/-. This was intimated to the assessee. Initially though assessee disputed the calculation, finally remitted the amount as per intimation of the department.Thereafter, assessee filed W.P.(C)No. 4808/2010 contending inter alia that the amount remitted twice as per conditional orders of stay should be appropriated towards principal amount and computation under the amnesty scheme should be modified accordingly.

(3.) According to department, interim deposit of Rs. 3,80,99,000/- had already been adjusted towards interest as on the date of such deposits considering Section 55C of KGST Act. But, according to assessee, under threat of rejecting the settlement application under amnesty scheme, assessee remitted the full settlement amount under protest without having set off for the deposits already made during the pendency of litigation.