SCHLUMBERGER SOLUTIONS PRIVATE LIMITED Vs. COMMISSIONER CENTRAL GST

JUDGEMENT

(1.) The petitioner is an assessee for the purposes of service tax. Petitioner was subjected to audit by the authorities under Goods and Service Tax for the period 2013-14 to 2016-17. During the course of audit, certain objections were raised with respect to the petitioner availing cenvat credit on trading of goods. The petitioner paid an amount of Rs.2,29,61,536.00 towards service tax. Apart from this, amounts of Rs.1,16,51,272.00 and Rs.24,44,227.00 were paid as interest and penalty respectively.

(2.) The petitioner was served with a show cause notice dtd. 12/4/2019 whereby further amount of Rs.9,86,53,074.00 was sought to be recovered on account of cenvat credit. This amount included interest and penalty as well. Before the proceedings on the aforesaid show cause notice could proceed further, an amnesty scheme by way of Finance (No.2) Act, 2019 was introduced by the Central Government. The main objective of the scheme is to provide for the settlement of pending disputes related to indirect taxes. The petitioner being eligible under the said scheme availed the same by making declaration in Form SVLDRS-1. As per the petitioner, his declaration was accepted though with a variation in the computation of amount payable. Designated Committee, i.e. respondent No.2 disagreeing with the petitioner's computation issued Form SVLDRS-2 on 28/1/2020 wherein the difference in the amount payable was calculated to be Rs.1,50,95,499..00 The computation given by Designated Committee in SVLDRS-2 reads as under:-

(3.) The Form SVLDRS-2 also contained following remarks from Designated Committee:-