2026-VIL-525-MAD-ST
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SERVICE TAX High Court Cases

SVLDRS, 2019 - Credit of deposits made under different accounting heads – Petitioner filed a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 claiming credit for deposits made in various instalments towards outstanding tax dues - Designated Committee rejected the claim on the ground that such payments were recorded under different accounting heads (interest and other receipts) instead of duty - Whether deposits made towards tax dues but recorded under different accounting heads during enquiry, investigation or audit must be credited while computing the amount payable under the Scheme – HELD - The deposits made during enquiry, investigation or audit must be deducted when finalising computation under section 124(2) of the Finance Act, 2019, irrespective of the accounting head under which they are recorded. The accounting methodology is merely procedural and hyper-technical in nature and cannot stand in the way of substantive relief otherwise available to the assessee - The entries are hardly relevant to arrive at the true nature of a transaction and accounting standards and methods are only formulated to aid proper recording of transactions with limited relevance in deciding substantive issues. The object of the scheme is to resolve legacy disputes and facilitate recovery of dues while granting relief to the declarant, and such technical objections cannot be sustained - The impugned statement in Form SVLDRS-3 is declared illegal insofar as it fails to account for the deposits made under other heads, and it is declared that no further amount remains payable by the petitioner in respect of the arrears in question - The writ petition is allowed
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