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        Case ID :

        2021 (7) TMI 385 - HC - Service Tax

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        Substantial compliance under legacy dispute resolution scheme allows delayed remittance with interest after lockdown disruption. A declarant under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 who missed the remittance deadline because of COVID-19 lockdown disruption ...
                      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.

                          Substantial compliance under legacy dispute resolution scheme allows delayed remittance with interest after lockdown disruption.

                          A declarant under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 who missed the remittance deadline because of COVID-19 lockdown disruption was treated as having substantially complied with the scheme. The quantified liability in Form 3 was undisputed, the delay was limited, and the payment portal did not facilitate remittance after the original time limit. In view of the declarant's bona fides and the prior instruction recognising delayed payments in such cases, the Court permitted remittance of the amount with interest and directed the declarant to seek consideration of the declaration by the competent Board.




                          Issues: Whether a declarant under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 who missed the remittance deadline because of lockdown-related disruption could be permitted to remit the quantified amount with interest and seek consideration of the declaration by the Board.

                          Analysis: The declaration had progressed through the scheme stages and the quantified liability in Form 3 was not in dispute. The delay in remittance was limited and was linked to the difficulties arising during the COVID-19 lockdown, when the payment portal did not facilitate remittance after the original time limit. The Court also noted the Board's prior instruction recognising that some declarants were unable to pay within time and might do so later, and treated the petitioner's conduct as showing substantial compliance and bona fides. In that setting, instead of granting the declaration outright, the Court permitted remittance with interest and directed the petitioner to make a representation to the Board for acceptance of the application.

                          Conclusion: The petitioner was permitted to remit the quantified amount with interest and was allowed to pursue acceptance of the declaration before the Board.

                          Ratio Decidendi: Where a declarant has substantially complied with a settlement scheme and the delay in final remittance is attributable to lockdown-related disruption, the Court may grant limited permission to pay with interest and require the competent authority to consider acceptance of the declaration.


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                          ActsIncome Tax
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