Assessee cannot be denied relief under SVLDR Scheme for non-payment due to the legal impediment


Quick Summary
The Supreme Court has ruled that taxpayers cannot be denied relief under the Sabka Vishwas (Legal Dispute Resolution) Scheme, 2019, if they were unable to make payments within the deadline due to a legal moratorium imposed by the Insolvency and Bankruptcy Code. The court found it was impossible for the assessee in this case to make payments during the moratorium period. Therefore, the assessee should not suffer due to this legal impediment, and the High Court's refusal to grant relief was set aside.

Court :
Supreme Court

Brief :
The Hon'ble Supreme Court in M/s Shekhar Resorts Limited v. Union of India [Civil Appeal No. 8957 of 2022 dated January 5, 2023] has held that the assessee cannot be denied relief under Sabka Vishwas (Legal Dispute Resolution) Scheme, 2019 ("SVLDR Scheme") for not making payment of the dues in the prescribed time limit due to inability of making payment in the moratorium period. 

Citation :
Civil Appeal No. 8957 of 2022 dated January 5, 2023

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Bimal Jain
Published in GST
Views : 426

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