2020 (11) TMI 525 - HC - VAT and Sales Tax

Amnesty application granted under KGST Act for outstanding dues; separate clearance required for other enactments

The court allowed the writ petition, quashing the respondent's refusal to accept the petitioner's amnesty application under the Kerala General Sales Tax ... Settlement of arrears outstanding - KGST Act - applicability of amnesty scheme - petitioner contends that the amnesty scheme is separately applicable to the various statutes mentioned therein and the petitioner cannot be compelled to opt for the amnesty under enactments other than the one he has chosen for settlement under the scheme - HELD THAT:- The statutory provision which deals with the amnesty scheme makes it applicable to outstanding dues under various statutes such as the Kerala Value Added Tax Act, Central Sales Tax Act, Tax on luxuries Act, Kerala Surcharges Act, Kerala Agricultural Income Tax Act and the Kerala General Sales Tax Act. A perusal of the scheme, as also the circular relied on by the respondent, would also indicate that arrears under the various enactments are separately dealt with. For instance, in the case of dues under the KGST Act, the amnesty scheme is made applicable only for outstanding dues prior to the period 1.4.2005 and it is clarified that in case of arrears from 1.4.2005 to 31.03.2020, the principal amount and interest shall be paid subject to there being a full waiver of penalty. The scheme therefore indicates that it is all the outstanding dues pertaining to a particular legislation that have to be cleared together, while availing the benefit of the amnesty scheme. In the instant case, it is not in dispute that there are no other outstanding dues from the petitioner under the KGST Act and what has been offered for settlement under the amnesty scheme is the entire dues pertaining to the petitioner under the KGST Act. The 2nd respondent assessing authority is directed to accept the application of the petitioner for settling arrears under the KGST Act, in terms of Section 23(B) of the said Act - petition allowed. Issues:Interpretation of amnesty scheme under various statutes; Compulsory settlement of outstanding dues under multiple enactments under the amnesty scheme.Analysis:The petitioner, a registered dealer under the Kerala General Sales Tax Act, challenged the respondent's refusal to accept an amnesty application. The respondent insisted that along with arrears under the KGST Act, the petitioner must settle arrears under other enactments like the Kerala Value Added Tax Act. The petitioner argued that the amnesty scheme applies separately to each statute listed and cannot be forced to opt for amnesty under enactments other than the chosen one.The Government Pleader cited a circular mandating settlement of all outstanding dues under various enactments upon opting for the amnesty scheme. The scheme aimed to allow assessees with outstanding dues to settle them, requiring the option to cover all dues regardless of the statutes. The court heard both sides and examined the statutory provision governing the amnesty scheme, which included statutes like the Kerala Value Added Tax Act, Central Sales Tax Act, and others.Upon reviewing the scheme and the circular, the court noted that outstanding dues under different enactments were treated separately. For KGST Act dues, the amnesty applied only to arrears before a specific date, with a waiver of penalty for arrears within a certain period. The court emphasized that all outstanding dues under a specific legislation must be cleared together to benefit from the amnesty scheme. Since the petitioner had no other outstanding dues under the KGST Act and offered to settle the entire amount under the amnesty scheme, the court allowed the writ petition, quashing the respondent's refusal and directing acceptance of the petitioner's application to settle arrears under the KGST Act as per the Act's provisions.