2011 (11) TMI 1 - SC - Income Tax

Kar Vivad Samadhana Scheme 1998 (KVSS) - Discrimination - HC held that Section 87(m)(ii) (b) of Finance (No.2) Act 1998 is violative of Article 14 of the constitution insofar as it seeks to deny the benefit of the Kar Vivad Samadhana Scheme 1998 to those who were in arrears of duties etc. as on 31.03.1998 but to whom the notices were issued after 31.03.1998 and further has struck down the expression on or before the 31st day of March 1998 under Section 87(m)(ii)(b) of the Finance (No. 2) Act 1998 as ultra vires of the Constitution of India Constitution of India - Held that - Article 14 does not prohibit reasonable classification of persons objects and transactions by the Legislature for the purpose of attaining specific ends. To satisfy the test of permissible classification it must not be arbitrary artificial or evasive but must be based on some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the Legislature. Discrimination resulting from fortuitous circumstances arising out of particular situations in which some of the tax payers find themselves is not hit by Article 14 if the legislation as such is of general application and does not single them out for harsh treatment. Advantages or disadvantages to individual assesses are accidental and inevitable and are inherent in every taxing Statute as it has to draw a line somewhere and some cases necessarily fall on the other side of the line. - Decision of HC set aside - decided in favor of revenue.

Summary

Issues Involved:
1. Constitutionality of Section 87(m)(ii)(b) of the Finance (No. 2) Act, 1998.
2. Interpretation and application of the Kar Vivad Samadhana Scheme, 1998.
3. Validity of the cut-off date "on or before 31st March 1998" for issuing Demand Notices or Show Cause Notices.
4. Alleged violation of Article 14 of the Constitution of India.

Detailed Analysis:

1. Constitutionality of Section 87(m)(ii)(b) of the Finance (No. 2) Act, 1998:
The High Court declared Section 87(m)(ii)(b) of the Finance (No. 2) Act, 1998 as violative of Article 14 of the Constitution, stating it arbitrarily excluded certain taxpayers from availing benefits under the Kar Vivad Samadhana Scheme, 1998. The Supreme Court, however, overturned this decision, emphasizing that the legislature has broad discretion in classification for taxation purposes and that the classification in question was reasonable and had a rational relation to the object of the legislation.

2. Interpretation and application of the Kar Vivad Samadhana Scheme, 1998:
The Scheme, introduced to minimize litigation and expedite the recovery of tax arrears, was in force between 1.9.1998 and 31.1.1999. It allowed settlement of "tax arrear" as defined in Section 87(m) of the Act. The Supreme Court emphasized that the Scheme is a complete code in itself and must be interpreted strictly within its statutory framework, citing precedents that beneficial legislation should not be extended beyond its explicit provisions.

3. Validity of the cut-off date "on or before 31st March 1998" for issuing Demand Notices or Show Cause Notices:
The High Court found the cut-off date arbitrary, but the Supreme Court disagreed, noting that the legislature's choice of date was to maintain uniformity with direct tax enactments and was not arbitrary or capricious. The Court held that the classification between those who received notices on or before 31.3.1998 and those who did not was reasonable and had a rational nexus to the Scheme's objective.

4. Alleged violation of Article 14 of the Constitution of India:
The High Court ruled that the cut-off date created unreasonable and arbitrary classification, violating Article 14. The Supreme Court, however, upheld the classification, asserting that in taxation, the legislature enjoys wide latitude and the chosen date was not discriminatory. The Court reiterated that fiscal legislation is presumed constitutional unless palpably arbitrary and emphasized the need for judicial restraint in reviewing legislative wisdom in economic regulations.

Conclusion:
The Supreme Court allowed the appeals, setting aside the High Court's judgment. The classification based on the cut-off date was deemed reasonable and not violative of Article 14. The Court underscored the broad discretion afforded to the legislature in fiscal matters and the necessity of adhering to the statutory framework of the Kar Vivad Samadhana Scheme, 1998.