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M. S. SONAK, JITENDRA JAIN
Fork Media Pvt. Ltd. – Appellant
Versus
Union of India, Represented by the Secretary, New Delhi – Respondent
JUDGMENT :
M.S. SONAK, J.
1. Heard learned counsel for the parties.
2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The petitioner challenges the impugned order (SVLDRS FORM 3) dated 27 January 2022 on the ground that it requires the petitioner to pay an additional amount of Rs.1,25,23,051/-. The petitioner contends that under the provision Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (“SVLDRS”) after making proper calculations and accounting for the amounts already paid by the petitioner, the petitioner was entitled to the benefit under the scheme, without payment of this additional amount of Rs.1,25,23,051/-. Hence, this petition.
4. Mr. Raichandani referred us to the Scheme contained in Chapter V of the Finance Act, 1994 and stressed on Section 24(2) which provides that the relief available to a declarant under the Scheme should be calculated under Sub-Section 1 and the same shall be subject to the condition that any amount paid as pre-deposit at any stage of the appellate proceedings under the indirect text enactment or as deposit during enquiry, investigation or audit, shall be deducted whe
The court ruled that misstatements in declarations under the Sabka Vishwas Scheme negate eligibility for relief, emphasizing the necessity of accurate claims regarding CENVAT credit utilization.
The court established that pre-deposits should be deducted only after calculating the relief under the SVLDRS, ensuring accurate determination of tax dues.
The main legal point established in the judgment is the mandatory nature of granting an opportunity of hearing and the discretionary power to grant adjournment, emphasizing the principles of natural ....
A person under investigation is ineligible for voluntary disclosure under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 as per Section 125(1)(f).
The importance of verifying the truthfulness of the declarant's statement and the need for a liberal approach in settling legacy disputes under the Sabka Vishwas Scheme 2019.
The main legal point established in the judgment is the need for authorities to properly verify and consider the claims of assessees based on material while determining the estimated amount of paymen....
The eligibility for SVLDRS requires that no audit quantification occurs before the cutoff date, and adjustments of refunds must follow due process.
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