2020 (12) TMI 1127 - HC - Service Tax

Seeking extension of time limit for compliance of action under the Custom Excise and Service Tax - Failure to make payment against the SVLDRS3 for the purpose of availing the benefit under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - HELD THAT - The writ applicant should take up this issue with the Chairman, CBIC by filing an appropriate application or representation. Mr. Nainawati, the learned counsel has shown his inclination to deposit ₹ 15 lakh with the Registry of this Court to show his bona fide. We are of the view that the Registry of this Court should not be involved in such type of matters. Let the Chairman, CBIC look into the issue at the earliest and take an appropriate decision. This writ application stands disposed of

Summary

Issues:
- Relief sought through writ application under Article 226 of the Constitution of India
- Request for extension of time for payment under Sabka Vishwas Scheme due to Covid pandemic
- Declined request leading to present writ application
- Instructions from Government of India regarding pending realizations under SVLDRS-3
- Court's directive to approach Chairman, CBIC for resolution

Analysis:
The judgment pertains to a writ application filed under Article 226 of the Constitution of India seeking various reliefs. The petitioner requested the court to quash letters dated 28.10.2020 and 30.09.2020 issued by the office of Respondent No.2, and to direct the respondents not to take coercive recovery actions until the disposal of the petition. Additionally, an extension of time for payment under SVLDRS-3 was sought, along with adinterim relief and costs of the petition. The petitioner's inability to make necessary payments due to the Covid pandemic was highlighted, leading to the declined request for an extension, prompting the writ application.

The judgment references instructions from the Government of India, Ministry of Finance, regarding pending realizations under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The letter dated 14th July 2020 directed Zonal Chief Commissioners to contact declarants unable to pay by 30.06.2020, with a view to estimating recoverable amounts by 30th September 2020. The court noted the petitioner's intention to deposit a sum with the Registry to demonstrate bona fide, but suggested approaching the Chairman, CBIC for resolution instead. It was emphasized that the Registry should not be involved in such matters, and the Chairman, CBIC should address the issue promptly.

In conclusion, the court disposed of the writ application, permitting the petitioner to return in case of future difficulties. Direct service was allowed, and the judgment underscored the importance of addressing issues with the Chairman, CBIC for appropriate decisions, rather than involving the court registry. The judgment provides a comprehensive analysis of the issues raised in the writ application, emphasizing the need for timely resolution and appropriate channels for addressing concerns related to the Sabka Vishwas Scheme and Covid pandemic-induced payment challenges.