SVLDRS rectification limits: belated substantive revision of the settlement statement is impermissible, and discharge follows payment.

A designated committee under the SVLDRS framework may modify a statement only within thirty days and only to correct an apparent arithmetical or clerical error. A belated rectified SVLDRS-3 that altered the amount payable on a substantive basis was impermissible, because the original statement had already determined liability on the relevant material. Once the amount determined under the original statement was paid, the declarant was entitled to the discharge certificate, and the rectified statement could not be sustained.

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Issues: Whether the rectified SVLDRS-3 issued beyond thirty days and not confined to an arithmetical or clerical error apparent on the face of the record was valid, and whether the declarant was entitled to issuance of SVLDRS-4 on payment already made under the original declaration.

Analysis: Section 128 of the Finance Act, 2019 permits the designated committee to modify a statement only within thirty days of the original statement and only to correct an arithmetical or clerical error apparent on the face of the record. The rectified statement was issued after the prescribed period and sought to alter the amount payable on a basis that was not a mere clerical or arithmetical correction. The original statement had already determined the amount payable after consideration of relevant material, and the authorities could not reopen and rectify it in the manner attempted. Since the amount determined under the original statement had been paid, the declarant was entitled to the discharge certificate.

Conclusion: The rectified SVLDRS-3 was invalid and the declarant was entitled to issuance of SVLDRS-4; the finding is in favour of the assessee.

Ratio Decidendi: A designated committee under Section 128 of the Finance Act, 2019 can modify a settlement statement only within the prescribed time and only for an apparent clerical or arithmetical error; a belated substantive revision is impermissible.

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