Redemption Fine not covers u/s 125 of SVDLR Scheme; Declaration rejected: Bombay HC directs to issue Discharge Certificate [Read Order]

Redemption - 125 of SVDLR Scheme - Declaration - Bombay HC - Discharge Certificate - Taxscan

Subject to the petitioner meeting further requirements outlined under the SVLDR Programme, the Bombay High Court (HC), presided over by Justices Abhay Ahuja and Nitin Jamdar, was instructed to grant the discharge certificate required by Section 129 of the Finance Act.

The Petitioner, HP Adhesives Ltd. submitted an application under the Finance Act of 2019‘s Sabka Vikas (Legacy Dispute Resolution) Program, 2019 (the “SVLDR Scheme”). However, the Petitioner’s declaration was denied on the grounds that the SVLDR Scheme’s provisions do not cover the redemption fine.

The counsel for the respondents said that the department has received orders to accept this decision and has not objected to it, holding that the redemption fine is likewise covered by the scheme.

The bench noted that the current case and the Synpol Products Private Limited case are related. Hence, the contested order’s rejection of the petitioner’s declaration is overturned.

In a separate instance, according to Taxscan, the two bench members of the Chennai bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), P Dinesha, Judicial Member, and M. Ajit Kumar, Technical Member, observed that the appeal filed under Section 127(6) of the Finance Act was withdrawn because a Discharge Certificate was filed under the Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme.

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