Sabka Vishwas Scheme Voluntary Disclosure verification subsequently

[Parimal Kulkarni]

An application is filed under SVLDRS under voluntary disclosure category. However, now the department range officer wishes to initiate inquiry and called for verification of documents under section 129 (2) (c) of Finance Act, 2019 (2). In our view such verification cannot be called for under section 129(2)(c) or under any section of SVLDRS.

129(2)(c) : in a case of voluntary disclosure where any material particular furnished in the declaration is subsequently found to be false, within a period of one year of issue of the discharge certificate, it shall be presumed as if the declaration was never made and proceedings under the applicable indirect tax enactment shall be instituted.

Please share your views

[KASTURI SETHI]

The following are exceptions to conclusiveness of discharge certificate under Section 129(2) :

1. The department can issue SCN for the same matter for a subsequent period ; OR

2. For a different matter for the same period.

Pl. read carefully. Matter may be same but period will different. Matter may be different but period will be same for the purpose of investigation.

[Parimal Kulkarni]

Thank you for your reply to which I agee. The question here is they want to verify the declaration of SVLDRS. So the "matter and period" is the same for which declaration is filed, which in my view is not covered.

[Parimal Kulkarni]

If we read section 129 (2) it contains "notwithstanding section 129(1)", so it appears they can pick up the voluntary declarations for verification under 129 (2) (c).

[KASTURI SETHI]

In order to clarify the concept, I am giving following hypothetical situation :-

An illustration :- Suppose you have filed declaration for 15-16 and an issue involved was misclassification of service.

The department can initiate investigation in the following ways :-

First possibility : If the issue involved is of misclassification, the department can investigate for subsequent period i.e. from 16-17 onwards on the same issue.

Second possibility : If the issue involved is other than the issue declared by you but the period is same i.e. 15-16 the department can initiate investigation for the period from 15-16 and onwards for the purpose of recovery.

In both the illustrations, the element of falsification is present.

[KASTURI SETHI]

If declaration is correct and true and not hit by the elements of , "Matter and Time", one need not worry. One should not be victim of phobia of the department. Let the department verify in routine fashion.

[Parimal Kulkarni]

Yes. agree. However, it is important to check legal provisions so both sides do not exceed their limits.

[Ganeshan Kalyani]

The department might have found some query / doubt wrt declaration filed and want to verify the same. Hence, they are investigating u/s 129(2)(c) which allows the authority to do so. And I agree with both of your views also.

[KASTURI SETHI]

Sh.Kulkarni Ji, Yes. You are absolutely right.

AI Summary

Discharge certificate conclusiveness may be pierced for materially false voluntary disclosures, permitting targeted tax investigation.
The discharge certificate under the Sabka Vishwas scheme is generally conclusive, but if a material particular in a voluntary declaration is later found to be false within the statutory period the declaration is treated as never made and indirect tax proceedings may be initiated; investigations may target the same issue for later periods or a different issue for the same period, while routine verification of a correct declaration does not automatically permit reopening declared liabilities.