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TMI Blog2022 (12) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... avention of Section 73 of the Finance Act since there is a mandate to adjudicate and the amount declared as voluntary disclosure of the petitioner cannot be taken as a final amount without any adjudicatory process. Mr.Hemani assisted by the learned advocate, Ms.Vaibhai Parikh, who has drawn our attention to the Circular 1071/4/2019 dated 27.08.2019 to say that in case of the voluntary disclosur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Finance Act, 1994 dated 31.03.2022 which according to the petitioner is in contravention of the provision of the Finance Act, 1994. 2. Prayers sought for are as follow: 7 (a) allow the present petition and permit the petitioner to pay the remaining amount i.e. Rs.29,56,239/- as voluntary payment pursuant to declaration in SVLDRS-1 in 12 equal monthly installments; (b) To quash a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of justice; (f) Provide for the cost of this petition. 3.The petitioner, who had made a voluntary discloser under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 as a part of the Union Budget announced bythe Government. Pursuant to a notification No.04/2019, the petitioner had made a discloser on 30.12.2019 on the E-Portal in Form SVLDRS-1. 4. According to the petitioner, amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s nothing to say that the interest and penalty would be automatic and any recovery can be made without adjudication. 6.1 He has urged that at the best, the petitioner would loose the benefit of the waiver of the penalty and the interest, but cannot be subjected to the recovery without adjudication. 7. Issue Notice and Notice as to interim relief as well, returnable on 22.12.2022 . Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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