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Writ petition dismissed for non-compliance with Sabka Vishwas Scheme, 2019. Importance of timely remittance and active engagement stressed. The court dismissed the writ petition due to the petitioner's failure to comply with the Sabka Vishwas Scheme, 2019, by not remitting the fixed amount ...
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Writ petition dismissed for non-compliance with Sabka Vishwas Scheme, 2019. Importance of timely remittance and active engagement stressed.
The court dismissed the writ petition due to the petitioner's failure to comply with the Sabka Vishwas Scheme, 2019, by not remitting the fixed amount within the specified period. The petitioner's lack of subsequent representation hindered the court from granting relief. The court directed the petitioner to re-engage with the designated committee for further consideration and resolution of the matter, emphasizing the importance of compliance with statutory mandates and active engagement in resolving disputes under the Scheme.
Issues: 1. Adverse assessment order under Sabka Vishwas Scheme, 2019. 2. Failure to remit the payable amount within the specified period. 3. Petitioner's subsequent actions and communication with officials. 4. Interpretation of the amended provisions of Sabka Vishwas Scheme, 2019. 5. Disposal of the writ petition and further course of action.
Analysis: 1. The petitioner, engaged in a Cable T.V. business, faced an adverse assessment order under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, with a fixed amount payable of Rs. 1,51,797.20. The petitioner failed to remit this amount within the mandated 30-day period as per Section 127(5) of the Finance Act, 2019, despite attempting to make an electronic payment on 30.06.2020, which was unsuccessful due to the amount being re-credited to the petitioner's account.
2. Following the failed payment attempt, the petitioner did not take further action until prompted by officials in January 2021 to clear the original liability. The petitioner then filed a writ petition, claiming that the Scheme had been amended to allow electronic payment until 30.06.2020, but it remained unclear if the parent provisions were correspondingly amended. However, the petitioner's lack of subsequent representation hindered the court from granting relief, leading to the suggestion for the petitioner to approach the designated committee once again.
3. The court, noting the petitioner's inaction after the failed payment attempt in June 2020, disposed of the writ petition without costs, directing the petitioner to re-engage with the jurisdictional designated committee for further consideration and resolution of the matter. The judgment emphasized the importance of compliance with statutory mandates and the need for active engagement by the petitioner in resolving the dispute under the Sabka Vishwas Scheme, 2019.
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