Benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 rejected

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Benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 rejected

 

Benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 rejected – The mistake made by the petitioner by not stating about the penalty imposed upon them in Form SVLDRS-1 cannot be said to be a mistake by which the petitioner claimed an undue benefit which they otherwise are not entitled under the law.

Benefit under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 rejected – mistake in the entry of penalty in Form SVLDRS-1 by petitioner – whether the claim of the petitioner for the benefit under Scheme 2019 would stand rejected as because of the aforesaid mistake of not mentioning the penalty or a different view can also be taken in the matter?

HELD THAT:– Apparently, a mistake made can be of two different types, one being a mistake based upon which a legal right is claimed so that the mistake made can be construed to be an act of misleading the authorities to claim a benefit which otherwise a party is not entitled or the mistake made was more of inadvertent nature, which can also be terms as a callous mistake, which does not put the party making such mistake on an undue advantageous position so as to make them entitled to a benefit which they are otherwise not.

In the instant case, the mistake made by the petitioner was that the penalty imposed was stated to be zero whereas it is already on record that the respondent authorities had imposed a penalty of ₹ 11,48,82,644.00. The mistake made by the petitioner by not stating about the penalty imposed upon them in Form SVLDRS-1 cannot be said to be a mistake by which the petitioner claimed an undue benefit which they otherwise are not entitled under the law. When we look into the Scheme 2019, there are no provision which provides that a person upon whom a penalty is imposed would not be entitled to the benefit given under the scheme.

This petition stands disposed of by requiring the petitioner to submit an application before the respondent authorities for correction to be made in the information provided in the Form SVLDRS-1 as regards the penalty imposed and upon such application being made, the respondent authorities would pass a reasoned speaking order thereon – Petition disposed off.

GAUHATI HIGH COURT

ASSAM CRICKET ASSOCIATION VERSUS THE UNION OF INDIA AND 4 ORS., THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, THE PRINCIPAL COMMISSIONER, THE DESIGNATED COMMITTEE, ADDL. DIRECTOR GENERAL

WP(C) 2149/2020

 

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