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B. P. COLABAWALLA, FIRDOSH P. POONIWALLA
Marine Electricals India Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Firdosh P. Pooniwalla, J.) :
1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.
2. The issue in the present Writ Petition is whether the Petitioner can take advantage of the “Vivad Se Vishwas I-Relief for MSMEs Scheme” [for short the “VSV Scheme”] floated by the Finance Ministry of the Government (Union of India) by an Office Memorandum dated 11th April 2023. Under this Scheme, the Government proposed to refund 95% of the liquidated damages deducted under contracts entered into with the Government/PSUs on the fulfillment of the eligibility conditions, more particularly set out in the said Office Memorandum. It is in this context that the Petitioner, although seeking various reliefs in the above Petition, has restricted itself to prayer clauses (iii-a) and (iii-b) which read thus:-
An enterprise retains its previous classification for three years post re-classification for non-tax benefits under the MSME Act.
The main legal point established is that under the SVLDR Scheme, cases with finality in duty/tax dues as on the 'cut off date' are classified under the 'arrears' category, and voluntary withdrawal of....
The court ruled that minor delays in tax payments under the Direct Tax Vivad se Vishwas Act should not preclude benefits intended by the legislation, emphasizing a liberal interpretation of beneficia....
The main legal point established in the judgment is the interpretation of the eligibility criteria and key legal provisions under the Sabka Vishwas Scheme, 2019, to determine the petitioner's entitle....
Eligibility for the benefits of the SVLDRS Scheme is confirmed when service tax liability is quantified and admitted prior to the cut-off date, regardless of ongoing investigations.
The court held that provisions of the Direct Tax Vivad Se Vishwas Act should be interpreted liberally to allow equitable relief in extraordinary circumstances, including the impact of COVID-19 and un....
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