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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE DEEPAK ROSHAN, J, M.S. Ramachandra Rao, CJ.
Tata Motors Limited, through its Authorized Signatory-cum Deputy General Manager (Finance), Indirect Taxation, namely, Pankaj Kumar Patwari, son of Late Shankar Lal – Appellant
Versus
State of Jharkhand, through the Secretary, Commercial Taxes Department – Respondent
JUDGMENT :
1. The present writ application has been filed praying therein for the following reliefs:-
(i) For issuance of an appropriate writ/order/direction, for quashing/setting aside the order contained in Memo No. 413 dated 24.07.2023 (Annexure-11) passed by Respondent No.2-Additional Commissioner of State Tax (Appeal), Jamshedpur Division, Jamshedpur in Appeal Case No. JR/JKSYA-02/2023-24 for the period 2002-03, wherein the appeal filed by the Petitioner in terms of ‘ Jharkhand Karadhan Adhiniyamon Ki Bakaya Rashi Ka Samadhan Act, 2022 ’ (hereinafter referred to as ‘Settlement Scheme of 2022’ for short), has been dismissed.
(ii) For issuance of further appropriate writ/order/direction, including Writ of Certiorari, for quashing/setting aside the order of settlement dated 3rd May, 2023 (Anneuxre-9) passed by Respondent No.3 under Settlement Scheme of 2022 pertaining to the period 2002-03 to the extent the amount of pre-deposit of Rs. 8.80 crores, being the amount of disputed tax paid by Petitioner has not been allowed to be adjusted against the final settlement amount while issuing settlement order, due to which, Petitioner was compelled to deposit excess payment of Rs. 3,02,07,23
The court clarified that under the Settlement Scheme, pre-deposits should not be deducted from disputed tax before applying waivers, ensuring equitable treatment for taxpayers.
The court ruled that under the Settlement Scheme, pre-deposits should not be deducted before applying tax waivers, ensuring fair computation of tax liabilities.
The court ruled that pre-deposits should not be deducted before applying tax waivers under the Settlement Scheme, ensuring taxpayers are not penalized for compliance.
The court ruled that under the Settlement Scheme, pre-deposits should not be deducted before applying tax waivers, ensuring fair treatment for taxpayers.
The court held that under the Settlement Scheme, pre-deposits should not be deducted from the disputed amount before calculating tax waivers, ensuring taxpayers are not penalized for pre-payment.
The Circular altered the definition of 'amount in arrears' as defined under Section 121(c) of the Scheme, and the action of the Designated Committee in first deducting the amount of deposit made by t....
The court established that a taxpayer who has paid the principal tax is entitled to a waiver of interest and penalty under the Amnesty Scheme, regardless of subsequent demands for penalty.
Payments made under the Amnesty Scheme are to be treated as deposits and not appropriated under Section 91 of the KVAT Act, allowing for potential refunds of excess payments.
The court established that payment of tax and interest prior to assessment qualifies a taxpayer for the waiver of penalties under the Amnesty Scheme, regardless of subsequent procedural misinterpreta....
The court established that pre-deposits should be deducted only after calculating the relief under the SVLDRS, ensuring accurate determination of tax dues.
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