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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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        Case ID :

        2021 (4) TMI 656 - HC - Service Tax

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        Corrected SVLDRS declarations must be acted on once registered, and scheme authorities must issue revised forms and discharge certificates. Corrected declarations filed under the SVLDRS, once duly processed and registered, cannot be disregarded merely because an earlier filing contained ...
                        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.

                            Corrected SVLDRS declarations must be acted on once registered, and scheme authorities must issue revised forms and discharge certificates.

                            Corrected declarations filed under the SVLDRS, once duly processed and registered, cannot be disregarded merely because an earlier filing contained mistaken particulars if the error has been waived or otherwise cured and the admitted liability has been paid. The scheme authorities must reflect the corrected figures in the relevant forms, issue the revised SVLDRS-3, and grant the discharge certificate where required. Where forms were issued on incorrect figures despite a contemporaneous objection, the incorrect forms may be quashed and replaced with the corrected scheme documents.




                            Issues: (i) Whether the Designated Committee was bound to accept the corrected SVLDRS-1 filed by the first petitioner and issue the corresponding SVLDRS-3 and discharge certificate. (ii) Whether the Designated Committee was required to issue the corrected SVLDRS-3 to the second petitioner and quash the wrongly issued forms.

                            Issue (i): Whether the Designated Committee was bound to accept the corrected SVLDRS-1 filed by the first petitioner and issue the corresponding SVLDRS-3 and discharge certificate.

                            Analysis: The first petitioner had filed a corrected declaration under the Scheme, and the registration number was generated for that declaration. That circumstance showed that the earlier objection regarding the mistaken particulars stood waived. Once the corrected declaration was processed, there was no justification to ignore the tax amount disclosed in that declaration, particularly when the admitted amount had already been paid.

                            Conclusion: The issue was answered in favour of the first petitioner. The Designated Committee was directed to issue the revised SVLDRS-3 and thereafter the discharge certificate.

                            Issue (ii): Whether the Designated Committee was required to issue the corrected SVLDRS-3 to the second petitioner and quash the wrongly issued forms.

                            Analysis: The second petitioner had also filed its declaration under the Scheme, and the record did not explain why SVLDRS-3 was not issued. The figures shown in the issued forms did not match the amount stated in the corrected declaration, and the objection that the petitioner had accepted the incorrect figures was not accepted because a contemporaneous written objection had been made. Since the admitted liability had already been paid, the corrected figures had to be reflected in the scheme forms.

                            Conclusion: The issue was answered in favour of the second petitioner. The corrected SVLDRS-3 was directed to be issued and the earlier SVLDRS-2 and SVLDRS-2A were quashed.

                            Final Conclusion: Both petitions succeeded and consequential relief was granted by directing the Scheme authorities to process the corrected declarations, issue the appropriate discharge certificates, and treat the pending appeals in accordance with law.

                            Ratio Decidendi: When a corrected declaration under a statutory dispute resolution scheme is duly processed and registered, the authority cannot refuse to act on it on the basis of an earlier erroneous filing if the mistake has been effectively waived or cured and the admitted liability has been paid.


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                            ActsIncome Tax
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