2025-VIL-119-MAD-ST

SERVICE TAX High Court Cases

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - Voluntary Disclosure, Enquiry/Investigation/Audit - Petitioner paid the amount as informed by the investigation officer and filed a declaration in Form SVLDRS-1 under the "Voluntary Disclosure" category of the SVLDRS, 2019 - Respondents issued a Show Cause Notice seeking to recover a higher amount and appropriating the earlier payment made by the petitioner - Whether the petitioner was eligible to avail the benefits of the Scheme despite being subjected to enquiry/investigation prior to filing the declaration – HELD - The petitioner was not eligible to file the declaration in Form SVLDRS-1 under the "Voluntary Disclosure" category as per Section 125(1)(f) of the SVLDRS, 2019 bars a person from making a voluntary disclosure after being subjected to any enquiry, investigation or audit - In the present case, the petitioner had been issued summons and its officials were questioned during the investigation process prior to the filing of the declaration. Therefore, the petitioner did not fulfill the eligibility criteria under the Scheme and was not entitled to the benefits thereunder - the Designated Authority had mistakenly accepted the petitioner's declaration in Form SVLDRS-3, but this did not confer any entitlement on the petitioner to avail the scheme benefits – The respondents are directed to proceed with the adjudication of the Show Cause Notice issued to the petitioner on merits and in accordance with law - The writ petition is dismissed

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