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The HC allowed the writ appeal, reversed the writ court's order and held the SVLDRS declaration and resultant discharge certificate void ab initio due to material misrepresentation: the declarant knowingly misclassified the matter as "voluntary disclosure" despite ongoing investigations, thus suppressing a material fact under the Scheme. The Court found investigation activity and statements recorded both before and after the declaration, reaffirmed Circular guidance requiring veracity, and determined departmental lapses in coordination did not cure non-disclosure. Consequentially the application under the Scheme is presumed never filed and the Designated Committee's issuance of Form SVLDRS-3 and the discharge certificate are set aside.
The HC allowed the writ appeal, reversed the writ court's order and held the SVLDRS declaration and resultant discharge certificate void ab initio due to material misrepresentation: the declarant knowingly misclassified the matter as "voluntary disclosure" despite ongoing investigations, thus suppressing a material fact under the Scheme. The Court found investigation activity and statements recorded both before and after the declaration, reaffirmed Circular guidance requiring veracity, and determined departmental lapses in coordination did not cure non-disclosure. Consequentially the application under the Scheme is presumed never filed and the Designated Committee's issuance of Form SVLDRS-3 and the discharge certificate are set aside.
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