Assessee who wants to avail benefit of SVLDRS must strictly abide its Terms & Conditions: Supreme Court [Read Order]

The Supreme Court has ruled that, Assessee who wants to avail the benefit of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 must strictly abide its Terms & Conditions.

The Appellant M/s Yashi Constructions has applied for the benefit of that scheme on 31st December, 2019, the last date for making the application. Upon that application being pressed, the Designated Committee issued form SVLDRS-2 on 06.02.2020 requiring the petitioner to deposit Rs.9,94,040/-. SVLDRS-3 was also issued by the Designated Committee. The time period to make the deposit provided under Section 127 of the SVLDRS was of 30 days.

While dismissing the appeal, the two-judge bench comprising of Justice M.R Shah and Justice B.V Nagarathna has observed that, “the High Court has rightly refused to grant relief to the petitioner for extension of the period to make the deposit under the Scheme. It is a settled proposition of law that a person, who wants to avail the benefit of a particular Scheme has to abide by the terms and conditions of the Scheme scrupulously. If the time is extended not provided under the Scheme, it will tantamount to modifying the Scheme which is the the prerogative of the Government”.

M/S YASHI CONSTRUCTIONS vs UNION OF INDIA & ORS

CITATION: 2022 TAXSCAN (SC) 114

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