- (1.) Heard Sri Anurag Khanna, learned Senior Counsel assisted by Sri Shivam Shukla, learned counsel for the petitioner, Sri Shashi Prakash Singh, learned Assistant Solicitor General of India assisted by Sri Krishna Agarwal, learned counsel for Respondent No1 and Sri B.K. Singh Raghuwanshi, learned counsel for Respondent Nos.2 and 3.
(2.) This writ petition has been filed praying for the following reliefs: "(a) "certiorari" quashing and setting aside the circular dated 25.09.2019 (Annexure No.8) passed by the Designated Committee. (b) "certiorari" quashing and setting aside the SVLDRS-3 dated 1.2.2020 (Annexure No.6) passed by the Designated Committee. (c) mandamus directing the Designated Committee to accept the SVLDRS-1 Declaration (Annexure No.3) filed by the petitioner. (d) Declaration that no amount of tax or duty or impost is payable by the petitioner. (e) Mandamus directing the Respondents to grant the relief of remission on Rs.8,23,50,252/- in accordance with Section 124(1)(c) and grant deduction of pre-deposit thereafter. (f) Issue any other Writ, order or direction in favour of the petitioner which this Hon'ble Court deems fit in the facts and circumstances of the case. (g) Award cost of the petition to the petitioner."
(3.) Learned counsel for the petitioner submits as under: (i) Paragraph 2(iv) of the impugned circular dated 25.09.2019 is violative of the provisions of sub-section (2) of Section 124 of The Finance (No.2) Act, 2019, inasmuch as it provides for the relief under Section 124(1)(c) of the said Act on the net outstanding amount whereas the amount for the purpose of relief has first to be determined on the basis of the original demand and thereafter the estimated amount/the amount payable has to be adjusted against the deposits made by the petitioner. (ii) The amount determined by the Respondent No.2 in SVLDRS-3 is in breach of provisions of Section 124 (2) of the Finance (No.2) Act, 2019. ;