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        Case ID :

        2021 (6) TMI 1153 - HC - Service Tax

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        Petitioner granted payment extension, urged national solution; Respondents to clarify Sabka Vishwas Scheme. The Court allowed the petitioner to make payment with interest within a week to demonstrate good faith, despite not granting the relief sought. The Court ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Petitioner granted payment extension, urged national solution; Respondents to clarify Sabka Vishwas Scheme.

                          The Court allowed the petitioner to make payment with interest within a week to demonstrate good faith, despite not granting the relief sought. The Court emphasized the need for a comprehensive solution for similar cases nationwide and directed the respondents to communicate decisions before the next hearing scheduled for 29.06.2021 regarding accepting payments post-deadline under the Sabka Vishwas Scheme.




                          Issues:
                          - Mandamus to direct acceptance of payment under Sabka Vishwas Scheme
                          - Extension of payment deadline due to COVID-19 lockdown
                          - Compliance with Scheme requirements
                          - Precedent of Gujarat High Court and Supreme Court regarding similar cases

                          Analysis:
                          1. The petitioner sought a mandamus to direct the Union of India to accept payment under the Sabka Vishwas Scheme for tax dues settlement. The petitioner had received a demand order, opted for the Scheme, and was issued necessary forms for the settlement process.

                          2. Due to the COVID-19 lockdown, the petitioner missed the payment deadline, which was later extended by the Department recognizing the difficulties faced by citizens. The petitioner expressed readiness to pay but faced technical issues with the payment portal after the extended deadline.

                          3. The Gujarat High Court and the Supreme Court have addressed similar cases, directing deposit of dues within a fixed timeframe and suggesting solutions for cases of delayed payments under the Scheme.

                          4. The High Court acknowledged that many taxpayers were facing challenges in meeting payment deadlines under the Scheme. The Board issued instructions to address such cases, indicating a possibility of accepting payments post-deadline with conditions like interest levies.

                          5. In a separate Supreme Court case, requests for policy changes related to GST Amnesty Scheme were not entertained, emphasizing that such matters involve policy decisions beyond the court's scope.

                          6. Considering the petitioner's substantial compliance with Scheme requirements and a minor delay in remittance, the Court allowed payment with interest within a week to demonstrate bona fides. The Court also urged the Board to find a comprehensive solution for similar cases nationwide.

                          7. The Court's order did not grant the relief sought by the petitioner but facilitated payment as a measure of goodwill. The respondents were directed to communicate the first respondent's decision on such matters before the next hearing date.

                          8. The case was scheduled for a further hearing on 29.06.2021 to review the progress and decisions made by the concerned authorities regarding accepting payments post-deadline under the Scheme.
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                          Topics

                          ActsIncome Tax
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